Wright v. Woods' Adm'r
Court of Appeals of Kentucky
Case 12 — PETITION EQUITY — APPEAL FROM DAVBISS CIRCUIT COURT. 1. Section 3, chapter 57 of General Statutes, being inconsistent with section 241 of the new Constitution, is repealed by the latter. The debates in the Constitutional Convention clearly show the intention to repeal the statute in question. (4 Debates Con Con., pp. 4715-4720.) The words of section 241 of the Constitution are precise and unambiguous, and show the intention of the Convention to repeal the statute.
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Case 12 — PETITION EQUITY — APPEAL FROM DAVBISS CIRCUIT COURT. 1. Section 3, chapter 57 of General Statutes, being inconsistent with section 241 of the new Constitution, is repealed by the latter. The debates in the Constitutional Convention clearly show the intention to repeal the statute in question. (4 Debates Con Con., pp. 4715-4720.) The words of section 241 of the Constitution are precise and unambiguous, and show the intention of the Convention to repeal the statute. (Sutherland on Statutory Construction, sec. 247.) 2. This court has already settled the question as contended for hy the…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
John Feland, administrator, having received the snm of three thousand five hundred dollars on compromise of an action instituted by him in 1892 to recover damages for destruction of the life of his intestate, John Woods, a short time previously, through willful neglect of servants of the Owensboro and Nashville Railroad Company, brought this action for judgment of court as to proper distribution of the fund; Mary Woods, widow, and Milton Woods and Betty Wright, brother and sister of decedent, who left no child, being defendants and claimants.
By…
2Cases cited2 opinions
- City of Henderson v. LambertCourt of Appeals of Kentucky · 1871
- Courtney v. LouisvilleCourt of Appeals of Kentucky · 1876
3Cited by7 opinions
- Merlo v. Johnston City & Big Muddy Coal & Mining Co.Illinois Supreme Court · 1913
- Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897
- Clarke's Administrator v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1897
- Campbell County Election Commission v. WeberCourt of Appeals of Kentucky (pre-1976) · 1931
- East Tennessee Telephone Co. v. Simm's AdministratorCourt of Appeals of Kentucky · 1896
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