Averbeck v. Hall
Court of Appeals of Kentucky
Case 14 — PETITION ORDINARY APPEAL FROM MASON CIRCUIT COURT. 1. Appellant did not agree to suppress, stifle, or impede public prosecutions, but only “ to use every legal and proper means to stay or have them dismissed.” Not being a witness, or personally interested in the prosecutions, there was no vice in this agreement.
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Case 14 — PETITION ORDINARY APPEAL FROM MASON CIRCUIT COURT. 1. Appellant did not agree to suppress, stifle, or impede public prosecutions, but only “ to use every legal and proper means to stay or have them dismissed.” Not being a witness, or personally interested in the prosecutions, there was no vice in this agreement. He did not agree to absent himself as a witness as in Kimbrough v. Lane, 11 Bush, 556, or to compound a felony as in Gardner v. Maxey, 9 B. Mon. 90. 2. The agreement to dismiss the suit was a good consideration. (Farrow v. Turner, 2 Mar. 495; Conn v. Hord, 1 B. Mon. 84; 2…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Appellant alleges in his petition that as accommodation indorser for Robt. T. Cummings, he was compelled to pay the sum of $500, and that appellee in consideration of an agreement on the part of appellant to dismiss certain actions then pending against Cummings et ah, and upon the further agreement “ to use every legal and proper endeavor to have dis*507missed ” certain penal or criminal prosecutions then pending against Cummings, undertook and agreed to .repay appellant the sum that he had thus been compelled to pay for Cummings. In these several…
2Cases cited4 opinions
- Tool Co. v. NorrisSupreme Court of the United States · 1865
- Kimbrough v. LaneCourt of Appeals of Kentucky · 1875
- Read v. CisneyCourt of Appeals of Kentucky · 1823
- Stuteville v. MilesCourt of Appeals of Kentucky · 1820
3Cited by11 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Stratton v. WilsonCourt of Appeals of Kentucky · 1916
- Newport Rolling Mill Co. v. HallCourt of Appeals of Kentucky · 1912
- Ormsby v. City of LouisvilleCourt of Appeals of Kentucky · 1880
- Gordon v. Gordon's AdministratorCourt of Appeals of Kentucky · 1916
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