Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951, Том 12;Том 75
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell, Thomas Bell Monroe, John James Marshall, James Greene Dana, Benjamin Monroe, James P. Metcalfe, Alvin Duvall, William Pope Duvall Bush, John Rodman, Edward Warren Hines, Charles Cyrus Turner, Thomas Lewis Edelen, Thomas Robert McBeath, Robert G. Higdon, T. M. Jones, Amos Hall Eblen
J. Bradford, 1877
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action administrator alleged amend amount answer appellant appellee apply authorized Bank bond bound Bush cause chap chapter charge CIRCUIT COURT CITED claim Code common Commonwealth constitution construction contract creditors damages death debt defendant DELIVERED THE OPINION direct effect enforce entitled equity evidence execution exemption fact failed filed further give given guardian heirs held homestead husband indictment infants instruction interest intestate issue John JUDGE judgment jurisdiction jury killing land legislature liability lien Louisville March matter Morris mortgage necessary notice opinion owner paid party payment person petition plaintiff plea pleadings possession present proceedings prove provides purchaser question Railroad reason received record recover regard remanded rendered rents reversed road rule statute sued sufficient suit sureties sustained taken thereof tion trial unless wife witness
Страница 321 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Страница 23 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Страница 704 - In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the .mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt; 3.
Страница 110 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of Magistrate, Legislator, or Judge, to be hereditary.
Страница 320 - In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction, it is...
Страница 244 - If, without sufficient excuse, the defendant neglects to appear for arraignment or for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the case may be, must thereupon be declared forfeited.
Страница 83 - The taking of bail consists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this State a specified sum.
Страница 277 - But the point might have been shortly dismissed with this safe declaration, that there is no direct constitutional inhibition upon the States, nor any clause in the Constitution, from which it can be even plausibly inferred that the States may not legislate upon the remedy in suits upon the judgments of other States, exclusive of all interference with their merits.
Страница 241 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Страница 649 - Individual rights call for its exercise, the language used, though permissive in form, is in fact peremptory. What they are empowered to do for a third person the law requires shall be done. The power is given, not for their benefit, but for his.