Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volum 22;Volum 129
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, Alexander Keith Marshall, George Minos Bibb, William Littell
J. Bradford, 1909
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action agent alleged allowed amount answer appellant appellant's appellee applied attorney AUTHORITIES bank bond brought cause charged circuit court claim Code collected common Commonwealth Commonwealth's attorney conduct consideration Constitution construction contract counsel Cross damages defendant delivered directed duty effect entered evidence execution exercise fact failed filed follows further give given granted ground guilty held husband indictment injury instruction intent interest issued judge judgment jury Kentucky land Law Rep Louisville matter ment motion necessary negligence notice offense opinion owner paid party payment person petition plaintiff pleadings possession present principal proceedings proof provides question railroad reason received record recover refused result rule sheriff statute street sufficient suit surety sustained term testimony tion train trial trustees verdict wife witnesses
Side 849 - Every action most be prosecuted in the name of the real party in interest, except that an executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for whose benefit it is prosecuted.
Side 130 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Side 707 - ... that this species of testimony supposes some better testimony which might be adduced in the particular case is not the sole ground of its exclusion. Its intrinsic weakness, its incompetency to satisfy the mind of the existence of the fact, and the frauds which might be practiced under its cover combine to support the rule that hearsay evidence is totally inadmissible.
Side 694 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Side 320 - Every act enacted by the General Assembly, and every ordinance and resolution passed by any county, city, town, or municipal board or local legislative body, levying a tax, shall specify distinctly the purpose for which said tax is levied, and no tax levied and collected for one purpose shall ever be devoted to another purpose.
Side 40 - College and farms, which shall be open at all times to the inspection of any citizens of this State. He shall also have the custody of all books, papers, documents and other property which may be deposited in his office...
Side 67 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Side 817 - The court instructs the jury, that although they may believe from the evidence, that the...
Side 158 - The parties may then respectively offer rebutting testimony only, unless the court, for good reasons, in furtherance of justice, permit them to offer evidence upon their original cause.
Side 126 - The court instructed the jury as follows : "(1) The court instructs the jury that...