Mattingly v. Shortell
Court of Appeals of Kentucky
Case 7. — ACTION BY JAMES D. SHOETELL AGAINST MILES P. MATTINGLEY, POE SEEVICES, &c Appeal from Daviess Circuit Court. W. T. Owens, Circuit Judge. Judgment for plaintiff, defendant appeals.
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Case 7. — ACTION BY JAMES D. SHOETELL AGAINST MILES P. MATTINGLEY, POE SEEVICES, &c Appeal from Daviess Circuit Court. W. T. Owens, Circuit Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES CITED. 1. The burden of proof in the whole action is on the party who would be defeated upon all the issues, and not upon one issue only, if no evidence were introduced, and the party having the burden is entitled to the concluding argument, a denial of which is a reversible error. (Civil Code, secs. 526 and 317, seb-sec. 6; Kenton Ins. Co. v. Osborne (Ky.), 51 S. W. Rep., 307; 5 Am.…
1Opinion of the Court
*56Opinion by
Judge Barker
Reversing.
This is an action by James D. Shortell to recover of Miles P. Mattingly a balance alleged to be due him for services rendered as bookkeeper and general manager of his business as a distiller in Owensboro, Ky., for a period of time running from 1882 to 1901. This balance is made up of three items: First, an account stated June 30, 1896, showing a balance due of $1,-415.40; second, a balance due for services rendered from June 30, 1896, to December 31, 1900, at $100 per month; and third, a balance due from December 31, 1900, to December 20, 1901, at $75 per…
2Cases cited7 opinions
- Evans v. EvansCourt of Appeals of Kentucky · 1892
- Continental Insurance v. JachnichenIndiana Supreme Court · 1887
- Crabtree v. AtchisonCourt of Appeals of Kentucky · 1892
- Royal Insurance v. SchwingCourt of Appeals of Kentucky · 1888
- Kincaid v. HigginsCourt of Appeals of Kentucky · 1809
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- Colker v. Connecticut Fire InsuranceCourt of Appeals of Kentucky (pre-1976) · 1928
- Louisville Nashville Railroad Co. v. HargisCourt of Appeals of Kentucky (pre-1976) · 1929
- Evans v. EvansCourt of Appeals of Kentucky (pre-1976) · 1929
- London & Provincial Marine & Fire Ins. v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1937
10 more not listed; retrieve them via the Exa API.