Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volum 40;Volum 147
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, William Littell, Alexander Keith Marshall, John James Marshall, Thomas Bell Monroe, James Greene Dana, James P. Metcalfe, Benjamin Monroe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Charles Cyrus Turner, Thomas Lewis Edelen, Edward Warren Hines, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen
J. Bradford, 1912
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acres action adverse possession affirmed agent alleged Amburgey amended amount answer appellant appellant's appellee appellee's authority bond boundary Bourbon County Brabb Lumber Burley Tobacco Carnahan charge Circuit Court claim contract corporation Court by Judge creditors damages debt Decided February Decided March deed defendant demurrer duty entitled escheat estoppel evidence execution fact February 29 filed held husband injury instruction interest issued Jerry Walker judgment jury Kentucky land lease liability lien Louisville lower court ment Miller mortgage motorman negligence Nicholasville opinion owner paid pany parties patent payment person petition Pike County plaintiff pleading Pullman Company purchase question railroad company Railway Company reason record recover Rogers & Krull rule sold statute of frauds street suit taxes testator testified testimony thereof ticket tion tobacco track tract train trial court trust verdict wife witnesses
Side 156 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of coritract.
Side 156 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Side 317 - Under this Act an action may be brought in a circuit court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the courts of the United States...
Side 655 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Side 280 - The reply pleads that the plaintiffs have no knowledge or information sufficient to form a belief as to whether or not said Helen A.
Side 533 - ... nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service In connection therewith, between the points named In such tariffs than the rates, fares, and charges which are specified In the tariff filed and in effect at the time...
Side 226 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Side 6 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.
Side 452 - All subjects over which the sovereign power of a state extends are objects of taxation ; but those over which it does not extend are, upon the soundest principles, exempt from taxation.