Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 127
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ... think we are entitled to a reversal of this case tor these reasons, to-wit: 1. The court should have granted a peremptory instruction at the conclusion of plaintiff's evidence, because the plaintii'! had not made out a. case against the defendant, D. W. Hilton. 2. After all the evidence was in we were entitled to a perempLory instruction. 3. We were entitled to a. peremptory instruction because the court erred in giving instruction No. 1 to the jury. 4. We are entitled to a reversal oi this case because the verdict of $350 is excessive, and is not sustained by the evidence. S. V. DIXON and IN. P. TAYLOR for Commonwealth. N. B. HAYS, Attorney General, and C. H. MORRIS of counseL POINTS AND CITATIONS. 1. Cross-appeal against the Michigan Mutual Lite Insurance Company, because of peremptory instruction of the court, for insuflicient evidence on the part of the Commonwealth. (Equitable Life Assurance Society of U. S. v. Comth., 28 Ky. Law Rep., 333; United States Insurance Co. v. The Comth., 28 Ky. Law Rep., 948; Ky. Stats., section 656.) 2. Excessive verdict of Jury founded upon prejudice and passion. 3. That the verdict of the jury was against the law and the evidence. 4. Can a capias pro fine issue on a judgment in a penal action? (Harp v. Cornth., 22 Ky. Law Rep., 1792; Criminal Code Proc.. section 301.) The appellee, Commonwealth of Kentucky, by 1 penal action instituted in the Henderson circuit court under section 656, Ky. St. 1903, sought to recover of the Michigan Mutual Life Insurance Company, D. W. Hilton, its agent for the State of Kentucky, and W. B. Ware, a broker or soliciting agent of the latter, a fine of $500, for their alleged wrongful act in rebating a premium due upon a policy of insurance of $10,000, issued by the...
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