Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky (Volume 177) (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1917. Not illustrated. Excerpt: ... PARTITION--Continued-- Page provides, that if the action be brought in the county court, after the filing of answer, it may be removed on the motion of either party to the circuit court for trial. Cochran v. Simmons '. 662 2. Action for--Receivers.--Pending an action brought in the cir- cuit court for a partition of the real estate of a decedent the circuit court or judge thereof, if it be made to appear that the real estate is in danger of being subjected to waste, or otherwise materially injured, may appoint a receiver to take charge thereof and preserve same until such time as the parti- tion thereof can be effected. Id 662 PASSENGERS--See Carriers. PASSWAY--See Easements; Highways. PATENTS--See Adverse Possession; Boundaries. PAYMENT--See Banks and Banking; Executors and Administra- tors-- Ratification--Assumpsit.--Where a stranger pays a debt and the debtor thereafter ratifies the payment and adopts it as his payment, he is liable in an action in assumpsit to the party making the payment, but it Is otherwise where the debtor does not ratify or confirm such payment. Maryland Casualty Com- pany v. Givens 131 PENALTIES--See Taxation- Revenue Agents.--Revenue agents are entitled to statutory penalties upon taxes recovered by them in a suit to assess omitted property, although the state officers charged with the assessment of this property were derelict in their duty. B. & O. S. W. R. 'Co. v. Commonwealth 566 PEREMPTORY INSTRUCTIONS--See Trial. PERFORMANCE--See Contracts. PERJURY-- i. False Swearing--Distinction.--The common law crime of per- jury consists of the wilfully giving under oath, in a judicial proceeding or in the course of justice, false testimony mate- rial to the issue; false swearing is a statutory offense, distinct from the common law cr...