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1950-1958 Rowan County (Ky.) Court Bail Bonds, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

Bail bonds from Rowan County (KY.) Circuit Court from 1950 to 1958

Alternative Pleading: I, Roy W. Mcdonald

Michigan Law Review

The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the …

Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.

Michigan Law Review

Defendant held an insurance policy written by plaintiff which by its terms covered a hangar against loss by fire. After the hangar had been destroyed by fire, plaintiff instituted this suit for reformation on the ground that the contract had been written as a fire policy through mutual mistake. Defendant denied the mistake, filed a counterclaim to recover on the policy as written, and demanded a jury trial. Plaintiff moved to strike the demand, and the motion was granted. The court of appeals dismissed the defendant's appeal. On certiorari, held, affirmed. Not being a final decision, the order denying …

Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.

Michigan Law Review

Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the …

Place Of Trial Of Civil Cases, William Wirt Blume

Michigan Law Review

Places involved in a study of place of trial may be classified in various ways. The most general classification is: (1) Places within one sovereignty, (2) Places in different sovereignties. Where there is choice of place within one sovereignty, the only rational basis for making the choice is convenience-convenience of the parties, jurors, witnesses, and of the court itself. The same is true when the choice is between courts of different sovereignties, but without cooperation between the sovereignties rational choice may not be possible. The purpose of this discussion is to compare choice of place in England before 1800 with …

Negligence-Taking The Issue Of Negligence From The Jury In Public Utility Cases, Charles D. Bell S.Ed.

Michigan Law Review

After boarding a trolley owned and operated by defendant, plaintiff-dropped her return slip. Holding a package in one hand, she stooped to pick up the slip. Plaintiff testified that although defendant's operator saw her in this position, he started the trolley with a "very fast jerk" which threw plaintiff to the floor and caused certain injuries. At the conclusion of plaintiff's evidence, which consisted of her uncorroborated testimony, the trial court directed a verdict for defendant. On appeal, held, affirmed. Przborowski v. Baltimore Transit Co., (Md. 1948) 59 A. (2d) 687.

Bailment-Liability Of Parking Lot Owner For Theft Of Automobile, Myron J. Nadler

Michigan Law Review

Defendant mill maintained a free parking lot for its employees. The lot was enclosed, having one gate which was under constant surveillance by defendant's private policeman and kept closed except for short periods during shift changes. During a shift change, plaintiff, an employee of defendant, parked his automobile in the lot, removing and retaining the keys. While plaintiff was working in the mill, the watchman on duty at the gate admitted certain persons to the lot and allowed them to remove plaintiff's car. Held, two judges dissenting, this was a bailment for mutual benefit. Goodyear Clearwarter Mills v. Wheeler …

Negligence-Liability Of Public Amusement Operators For Dangerous Premises, Ruth Wanamaker

Michigan Law Review

While a patron at a dog race track, plaintiff suffered injuries when she slipped on an empty beverage bottle left in the aisle of the grandstand. In an action against the proprietor, a motion for directed verdict in favor of defendant was granted on the theory that plaintiff had failed to show defendant's actual or constructive knowledge of the presence of the bottle; the trial court further stated that if constructive knowledge were relied on, the plaintiff must prove that the bottle had been in the grandstand long enough for the owners, in the exercise of reasonable care, to have …

Wills-Constructive Trust Imposed On All Heirs Where Some Interfered With Execution Of Will, Herhert E. Phillipson, Jr.

Michigan Law Review

Two heirs at law, by physical force or by creating a disturbance, prevented decedent from executing a will devising her property to plaintiff. Shortly thereafter, decedent lapsed into a semi-comatose condition from which she never recovered. Plaintiff asked the court to impose a constructive trust on the distributive shares of all heirs, six of whom were not parties to the fraud. The district court gave judgment for the plaintiff; the Court of Civil Appeals partially reversed, allowing the innocent heirs to take free of any trust. On appeal, held, judgment of district court affirmed. Since all heirs at law …

Soviet Civil Law: Private Rights And Their Back-Ground Under The Soviet Regime Comparative Survey And Translation Of The Civil Code; Code Of Domestic Relations; Judiciary Act; Code Of Civil Procedure; Laws On Nationality, Corporations, Patents, Copyright, Collective Farms, Labor; And Other Related Laws. Volume 2., Vladimir E. Gsovski

Michigan Legal Studies Series

For centuries, jurisprudence has been built up and developed in terms of a more or less comparable body of concepts: family, private ownership, individual rights, and the State, the necessity of which was challenged in the original program in the name of which the soviet government assumed the reins of power. What then is the fate under the soviet regime of the legal concepts thus far operative in all civilized societies? This book seeks to offer material for the answer to questions of this nature. The principal aim of the author has been to inquire into the legal protection and …

1949-1957 Rowan County (Ky.) Minute Book, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

Minute Book from Rowan County (Ky.) Circuit Court from 1949 to 1957.

Evidence - Office Custom To Prove Fact Of Mailing, R. J. Nordstrom S.Ed.

Michigan Law Review

Plaintiff agreed to purchase land from defendant by a contract in which it was stipulated that the performance of the mechanics of purchase would be completed through a third party, Webster. Plaintiff deposited the purchase money with Webster with instructions to deliver it to defendant only after he (Webster) had, inter alia, procured a policy of title insurance. Webster absconded with the funds. In a suit to determine the incidence of loss, plaintiff sought to prove that Webster had procured the policy before he absconded and therefore held the purchase money as agent for defendant. The proof that plaintiff …

Courts-Jurisdiction-Constitutionality Of Statute Establishing Jurisdiction Over Nonresident Conducting Business In State Through Resident Agent, David D. Ring

Michigan Law Review

Defendant, a resident of Utah, sued petitioner, a resident of California, to recover construction costs and contractor's fee for the erection of a building at petitioner's Utah place of business. In accordance with a statute of Utah providing that jurisdiction over a nonresident individual doing business in the state could be obtained in all actions arising out of the conduct of the business by serving process on the resident agent managing the business, summons was served on the petitioner's Utah manager. Petitioner appeared specially and moved to quash the summons for lack of jurisdiction, which motion was denied. He then …

Bailment-Effect Of Settlement By Bailee As A Bar To Action By Bailor, C. E. Becraft S.Ed.

Michigan Law Review

Plaintiff, as assignee of conditional vendor, brought an action against defendant for damage done to an automobile sold to one Zinner under a conditional sales agreement. The automobile was damaged through the negligence of the defendant and one Fulbrush, who, acting independently and with no knowledge of the plaintiff's claim, settled with Zinner for the full amount of damage; defendant and Fulbrush paying Zinner $429.55. The plaintiff later repossessed the automobile as Zinner failed to keep up his payments under the conditional sales agreement. Plaintiff sold the automobile in its damaged condition and brought this action for the difference in …

Evidence-Hearsay-Admissibility Of History Statements In Hospital Record Under Business Entries Statute, Ralph E. Hunt

Michigan Law Review

Plaintiff sued for injuries allegedly resulting when the door of defendant's bus closed on plaintiff's ankle as he was attempting to board the bus, throwing him to the ground. Defendant offered in evidence, under the Uniform Business Records as Evidence Act, in effect in Delaware, hospital records containing the entry: "Patient states he twisted ankle while walking along the street." The interne who treated plaintiff and qualified the records had no independent recollection of the statement. On appeal from judgment for defendant, held, the record was properly admitted, although no witness could testify of his own memory that he …

Federal Courts-Venue-Construction Of Sections 51 And 52 Of Judicial Code, Daniel W. Reddin Iii S.Ed.

Michigan Law Review

Petitioner, a resident and citizen of Mississippi, brought a negligence action based upon diversity of citizenship in the Federal District Court for the Eastern District of Louisiana, joining as defendants Highways Insurance Underwriters, a Texas corporation qualified to do business in Louisiana, and respondents, Reich Brothers Construction Co., a partnership, and its individual members, residents of the Western District of Louisiana. Respondent, Reich Brothers, moved to dismiss on the ground of improper venue under sections 51 and 52 of the Judicial Code which in effect provide that in diversity cases, suit shall be brought only in the district where either …

The Violation Of A Municipal Ordinance As A Crime, Stanley D. Rose

Vanderbilt Law Review

The county of Winnebago passed such an ordinance and McDonald was charged with a violation of it. McDonald demanded a jury, and Judge Schniege of the municipal court ordered it. Because no provision for a jury trial was in the ordinance, Keefe, the county district attorney, petitioned the circuit court for a writ of prohibition to prevent the enforcement of the municipal court's order for a jury trial. The circuit court denied the petition. On appeal, the supreme court reversed this denial. Judge Fairchild based his decision on the following chain of reasoning:

1. The power to define crimes is …

Soviet Civil Law: Private Rights And Their Back-Ground Under The Soviet Regime Comparative Survey And Translation Of The Civil Code; Code Of Domestic Relations; Judiciary Act; Code Of Civil Procedure; Laws On Nationality, Corporations, Patents, Copyright, Collective Farms, Labor; And Other Related Laws. Volume 1., Vladimir Gsovski

Michigan Legal Studies Series

For centuries, jurisprudence has been built up and developed in terms of a more or less comparable body of concepts: family, private ownership, individual rights, and the State, the necessity of which was challenged in the original program in the name of which the soviet government assumed the reins of power. What then is the fate under the soviet regime of the legal concepts thus far operative in all civilized societies? This book seeks to offer material for the answer to questions of this nature. The principal aim of the author has been to inquire into the legal protection and …

Criminal Vs. Civil Contempt

Indiana Law Journal

No abstract provided.

1948-1968 Rowan County (Ky.) Circuit Court Ordinary Docket, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

Ordinary Docket from the Rowan County (KY.) Circuit Court from November of 1948 to March of 1968.

Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff

Michigan Law Review

In speaking of statutory law in the common law courts, lawyers have ascribed to it a limiting office, namely, that of interference with the parties' freedom to act and transact at their pleasure. A closer consideration shows them that the function of statutory law varies not only with the legal system to which it belongs, but also with the structural changes within a single legal system.

1946-1964 Rowan County (Ky.) Circuit Court Civil Minutes, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

Rowan County Circuit Court Civil Minutes from March 11, 1946 to January 31, 1964.

1946-1951 Rowan County (Ky.) Circuit Court Guardian Register, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

Guardian's Register from Rowan County (KY.) Circuit Court from June 1946 to November 1949.

Clovis Bevilaqua And The Brazilian Civil Code, Anyda Marchant

Michigan Law Review

Clovis Bevilaqua is a monument in the history of Brazilian law. His death on July 26, 1944, closed the door on an epoch. When he began his career in the eighties, Brazilian law, with the exception of the commercial code, was uncoordinated and outmoded. Now. Brazil is in a period of very active work on the recodification of its laws and their adaptation to the needs of modern life. Not all of this change is the work of one man, but Bevilaqua was the principal lingering representative, among the lawyers, of the intellectual movement that accompanied the setting up of …

1944-1964 Rowan County (Ky.) Circuit Court Commonwealth Docket, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

Commonwealth Docket from Rowan County (KY.) Circuit Court from March of 1943 to November of 1964.

1943-1964 Rowan County (Ky.) Circuit Court Commonwealth Dockets, Rowan County (Ky.) Circuit Court.

Rowan County Circuit Court Ledgers

Commonwealth Dockets from Rowan County (KY.) Circuit Court from November of 1943 to May of 1964.

Note, Annulment Proceedings For Non-Age, William Burns Lawless

Journal Articles

In England, the ecclesiastical courts assumed jurisdiction to decree the annulment of the marriages of infants who were below the age of consent. In this country, such courts did not exist. Hence, at an early date, courts of equity assumed jurisdiction; at the present writing, such jurisdiction is controlled locally by statutory enactment.

At common law the right to annul the marriage on the ground of non-age extended to the parties only. The United States has generally adopted the English view—with the exception of two states: New York and Oklahoma.

Objective Factors As Part Of The Circumstances In Cases Involving Civil Negligence, Helen C. Stephenson

Kentucky Law Journal

No abstract provided.

Is There A Negligent Civil Battery?, Helen C. Stephenson

Kentucky Law Journal

No abstract provided.

The Effect Of Mental Defects, Less Than Insanity, On The Standard Of Care Required Of Defendants In Civil Negligence Cases, Robert M. Spragens

Kentucky Law Journal

No abstract provided.