Commonwealth v. Equitable Life Assurance Society of the United States
Court of Appeals of Kentucky
Case 49—PETITION appeal prom mason circuit court. 1. The only way to reconcile the provisions of sections 1138 and 2515 of the Kentucky Statutes is to consider the limitation provided hy the first section as applying only to criminal offenses which may he prosecuted by indictment or other criminal process, and the other as applying to civil actions to recover penalties for which only ordinary money judgments can he obtained. 1. The offense charged in the petition is entirely…
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Case 49—PETITION appeal prom mason circuit court. 1. The only way to reconcile the provisions of sections 1138 and 2515 of the Kentucky Statutes is to consider the limitation provided hy the first section as applying only to criminal offenses which may he prosecuted by indictment or other criminal process, and the other as applying to civil actions to recover penalties for which only ordinary money judgments can he obtained. 1. The offense charged in the petition is entirely a penal one, and the action entirely penal or criminal in its nature. In such cases the limitation of one year provided…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion op the court:
This action was instituted in the Mason Circuit Court by the Commonwealth of Kentucky against the Equitable Life Assurance Society of the United States, a corporation haying its main office in New York, and which, as appears from the petition herein, has been *342duly authorized to do business as a life insurance company in this Commonwealth, to recover a fine from said defendant for a violation of the provisions of section 656 of the Kentucky Statutes, relating to a rebate of premium payable on a policy issued by it. The allegation of said petition…
2Cases cited1 opinion
- Boyd v. RandolphCourt of Appeals of Kentucky · 1891
3Cited by4 opinions
- Spalding v. St. Joseph's Industrial SchoolCourt of Appeals of Kentucky · 1899
- Adams v. Commonwealth Ex Rel. State Highway CommissionCourt of Appeals of Kentucky (pre-1976) · 1940
- Louisville Nashville Railroad Co. v. HargisCourt of Appeals of Kentucky (pre-1976) · 1929
- Equitable Life Assurance Society of the United States v. CommonwealthCourt of Appeals of Kentucky · 1902