Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Τόμος 5;Τόμος 103 |
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Σελίδα 59
... JURISDICTION . - In such an action where the defendant asserts title to the land , the title to the land is involved , and an appeal will lie from a judgment for the plaintiff , although it be for an amount less than authorizes an ...
... JURISDICTION . - In such an action where the defendant asserts title to the land , the title to the land is involved , and an appeal will lie from a judgment for the plaintiff , although it be for an amount less than authorizes an ...
Σελίδα 64
... jurisdiction of the appeal , as by the answer pleading title and right to possession in appellant the question of title to the land became involved . ( Clements v . Waters , & c . , 90 Ky . , 99 ; Hughes v . Swope , 88 Ky . , 257 ...
... jurisdiction of the appeal , as by the answer pleading title and right to possession in appellant the question of title to the land became involved . ( Clements v . Waters , & c . , 90 Ky . , 99 ; Hughes v . Swope , 88 Ky . , 257 ...
Σελίδα 66
... jurisdiction of the justice court , the case was transferred to the circuit court . In the circuit court appellant filed an amended answer , which only more clearly described his business to be the keeper of transient and traveling ...
... jurisdiction of the justice court , the case was transferred to the circuit court . In the circuit court appellant filed an amended answer , which only more clearly described his business to be the keeper of transient and traveling ...
Σελίδα 106
... JURISDICTION - ISSUING ATTACHMENT . - Courts of inferior and limited jurisdiction exercising extraordinary powers under a special statute must conform strictly to the statute granting the power , and nothing in favor of their jurisdiction ...
... JURISDICTION - ISSUING ATTACHMENT . - Courts of inferior and limited jurisdiction exercising extraordinary powers under a special statute must conform strictly to the statute granting the power , and nothing in favor of their jurisdiction ...
Σελίδα 109
... jurisdiction , and in granting the attachment it was exercising a special power in derogation of common right , and to be most strictly . construed as against the officer . As said in Drake on At- tachments ( section 85 , p . 70 ) ...
... jurisdiction , and in granting the attachment it was exercising a special power in derogation of common right , and to be most strictly . construed as against the officer . As said in Drake on At- tachments ( section 85 , p . 70 ) ...
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adjudged Adm'r Admr agent alleged amount answer appellant appellant's appellee authority bill bond Bush cause of action charter CIRCUIT COURT claim Commonwealth Constitution contract corporation county court Court of Appeals courts of equity creditors damages debt decedent deed defendant DELIVERED THE OPINION demurrer Dyersburg election entitled equity evidence execution fact filed garnishees Hardinsburg held Henderson Hominy Mills homestead husband indebtedness interest James Brown Jonathan Davis judges judgment jurisdiction jury Kentucky Statutes land Law Rep Legislature levy liable lien lis pendens Louisville ment Middlesboro Millet mortgage motion Nashville R. R. National Bank negligence Owen county owner paid parties payment person petition plaintiff plea pleadings Pryor purchase question railroad reason received recover remainderman salary sold Spencer Boyd suit surety sustained taxes term testimony thereof tion town train trial trust wife
Δημοφιλή αποσπάσματα
Σελίδα 173 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Σελίδα 330 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted ; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Σελίδα 173 - L. 78) declares, that the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars...
Σελίδα 513 - The contract of suretyship imports entire good faith and confidence between the parties in regard to the whole transaction. Any concealment of material facts, or any express or implied misrepresentation of such facts, or any undue advantage taken of the surety by the creditor, either by surprise or by withholding proper information, will undoubtedly furnish a sufficient ground to invalidate the contract.
Σελίδα 485 - No act of the General Assembly shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property; and, in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such actions shall be prosecuted.
Σελίδα 8 - Error of law occurring at the trial, and excepted to by the party making the application.
Σελίδα 372 - ... whether intended for occupancy by owner or tenant, be or become vacant or unoccupied and so remain for ten days...
Σελίδα 25 - Parol evidence can never be admitted for the purpose of exonerating an agent who has entered into a written contract in which he appears as principal, even though he should propose to show, if allowed, that he disclosed his agency, and mentioned the name of his principal, at the time the contract was executed.
Σελίδα 378 - Equally implied, in our judgment, is the condition that the corporation shall be subject to such reasonable regulations, in respect to the general conduct of its affairs, as the legislature may, from time to time, prescribe, which do not materially interfere with or obstruct the substantial enjoyment of the privileges the state has granted, and serve only to secure the ends for which the corporation was created.
Σελίδα 307 - But in cases, where the thing sold is not specific, and the property has not passed by the sale, the vendee may refuse to 'receive the thing proffered to him in performance of the contract, on the ground that it does not correspond with the descriptive statement, or in other words that the condition expressed in the contract has not been performed.