Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Volume 4; Volume 61 |
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Page 14
... though void as to the house , because the insured failed to give notice of an in- cumbrance , was not therefore void as to the furniture . We Phoenix Insurance Company vs. Lawrence et al . perceive no 14 METCALFE'S REPORTS .
... though void as to the house , because the insured failed to give notice of an in- cumbrance , was not therefore void as to the furniture . We Phoenix Insurance Company vs. Lawrence et al . perceive no 14 METCALFE'S REPORTS .
Page 21
... failing to perform his contracts . But it is said , that if a member can be sued , he may be harrassed by unjust demands ; and , therefore , the object was to prevent him from being sued at all during his privilege . To give the stat ...
... failing to perform his contracts . But it is said , that if a member can be sued , he may be harrassed by unjust demands ; and , therefore , the object was to prevent him from being sued at all during his privilege . To give the stat ...
Page 41
... failed to " report the net value of their real and personal estate , and the annual profits thereof , " and that therefore the court had no jurisdiction to de- cree the sale . This objection is well taken . The report merely shows that ...
... failed to " report the net value of their real and personal estate , and the annual profits thereof , " and that therefore the court had no jurisdiction to de- cree the sale . This objection is well taken . The report merely shows that ...
Page 42
... failing to afford to the court anything like an ad- equate idea of the real and true condition of the infants with respect to their estate . As has been heretofore said by this court , the facts alluded to are required to be reported ...
... failing to afford to the court anything like an ad- equate idea of the real and true condition of the infants with respect to their estate . As has been heretofore said by this court , the facts alluded to are required to be reported ...
Page 47
... failed . In a suit by the assignee against the payor he pleaded a note of the same date executed to him by the ... failure of con- sideration would be a fraud upon the holder . The principle applies to every case in which the note has ...
... failed . In a suit by the assignee against the payor he pleaded a note of the same date executed to him by the ... failure of con- sideration would be a fraud upon the holder . The principle applies to every case in which the note has ...
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Common terms and phrases
acres ademption Adm'r affidavit alleged amend amount answer appellant appellee attachment authority aver Barbaroux Bardstown Bibb bill bill of attainder bond cause of action cause remanded chap CIRCUIT COURT cited Civil Code citizen claim Commonwealth confiscation consideration constitution constructive notice contended contract conveyance court of equity creditors Dana debts declares deed defendant DELIVERED THE OPINION demands devise Doniphan entitled equity evidence executed executor facts filed forfeiture heirs held husband indorser intention J. J. Mar JAMES HARLAN JUDGE BULLITT DELIVERED judgment is reversed jury land liable Liberia lien ment mortgage Norris notice paid parties payment person petition plaintiff pleadings proceedings proved provisions purchaser question real estate reason rendered Revised Statutes rule Sechrest sheriff slaves sold Stat sued suit supra sureties sustained testator thereof tion trial trustee United United States constitution usury Vallette void wife
Popular passages
Page 203 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 381 - Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC.
Page 204 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 386 - The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself.
Page 379 - An Act to Suppress Insurrection, to Punish Treason and Rebellion, to Seize and Confiscate the Property of Rebels, and for other purposes...
Page 4 - State, with any deadly weapon, either in or out of the State, shall be deprived of the right to hold any office of honor or profit in this Commonwealth...
Page 341 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Page 290 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.
Page 430 - The first arising from the rule prescribed by the law of nations; . . . when the United States declared their independence, they were bound to receive the law of nations, in its modern state of purity and refinement..
Page 406 - IT is agreed that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.