Bank of Louisville v. Board of Trustees of Public Schools
Court of Appeals of Kentucky
Case 33 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The amended petition should have been stricken from the files because it sets up a new cause of action, and is a departure from the-original petition.
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Case 33 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The amended petition should have been stricken from the files because it sets up a new cause of action, and is a departure from the-original petition. (Taylor v. Moran, 4 Met., 130; Brookover v. Hurst, 1 Met., 669; Swan v. Goodwin, 2 Duv., 300.) 2. The act under which appellee seeks to recover is unconstitutional,. because it deprives the bank of its right to hold, and the depositors of their right to demand, their money, and therein impairs-the obligation of contracts. (Henderson & L. S. B. B. Co. v. Dickerson, 17 B. M.,…
1Opinion of the Court
JUDGE HOLT
delivered tee opinion oe the court.
By an act approved April 22, 1882, the Legislature provided:
“1st. That article 1,- chapter 36, G-eneral Statutes,, be amended as follows: That all property, rights of property, credits or moneys, held on deposit or otherwise, the last known owner of which has not been heard of for eight years, and has not exercised any act of ownership over the same for eight years, shall vest in the Commonwealth without office found, and may be recovered by the Commonwealth by an action in equity. The receipt of the Auditor, or the: order or judgment of a court of…
2Cases cited2 opinions
- Sprigg v. MoaleCourt of Appeals of Maryland · 1868
- Harvey v. ThorntonIllinois Supreme Court · 1852
3Cited by14 opinions
- Louisville & N. R. R. v. Pointer's Admr.Court of Appeals of Kentucky · 1902
- Donea v. Massachusetts Mutual Life Insurance Co.Supreme Court of Minnesota · 1945
- Commonwealth v. Thomas' Admr.Court of Appeals of Kentucky · 1910
- Morgan v. Big Woods Lumber Co.Court of Appeals of Kentucky · 1923
- State ex rel. Broatch v. MooresNebraska Supreme Court · 1897
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