Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volum 2;Volum 59 |
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alleged amount answer appellant appellee apply attorney authority Bibb bond Catlettsburg cause of action cause remanded charter CHIEF JUSTICE SIMPSON chose in action circuit court claim common law Commonwealth constitution contract county court court of equity creditors damages Dana debt defendant DELIVERED THE OPINION demurrer dollars effect entitled equity evidence execution fact filed ground heirs Held-That husband indictment instruction intention interest issue J. J. Mar JAMES HARLAN Jefferson county JUDGE DUVALL DELIVERED judgment jurisdiction jury JUSTICE SIMPSON DELIVERED land legislature levy Lexington liable lien Maysville ment motion objection offense Owensboro paid party payment person petition plaintiff possession principle proceedings provisions purchaser question railroad company relied rendered replevin reversed Revised Statutes road Sess sheriff slave Stat subscribed supra surety term testator thereof tion trial valid verdict warrant wife Wintersmith witness
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Side 385 - ... and will at all times render himself amenable to the orders and process of the court, and, if convicted, will appear for judgment and render himself in execution thereof; or, if he fails to perform either of these conditions, that we will pay to the people of the state of California the sum of dollars (inserting the sum in which the defendant is admitted to bail).
Side 90 - 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 150 - ... then the widow, heir, or personal representative of the deceased shall have the right to sue such person or persons, company or companies, corporation or corporations, and recover punitive damages for the loss or destruction of the life aforesaid.
Side 385 - AB will appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself amenable to the orders and process of the court...
Side 28 - ... only did not establish any actionable negligence on the part of the defendant, but, on the contrary, negatived such negligence; and that the court erred in instructing the jury that there was no dispute as to the cause of Gentry's death, and in allowing testimony to be introduced on that assumption. The court did not err to the prejudice of the defendant, in saying to the jury that there was no dispute that Gentry was run over and killed by a flat car of the defendant propelled by a switch engine...
Side 381 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language without repetition.
Side 670 - ... to have and to hold the said tract or parcel of land, with its appurtenances, to the said Thomas Helm and his heirs forever.
Side 396 - When a great river is the boundary between two nations or states, if the original property is in neither, and there be no convention respecting it, each holds to the middle of the stream. But when, as in this case, one State is the original proprietor, and grants the territory on one side only, it retains the river within its own domain, and the newly created State extends to the river only. The river, however, is its boundary.
Side 22 - The party producing a witness is not allowed to impeach his credit by evidence of bad character, but he may contradict him by other evidence, and may also show that he has made at other times statements inconsistent with his present testimony, as provided in section two thousand and fifty-two.
Side 242 - That if a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state...