Hill v. Phillips' Adm'r
Court of Appeals of Kentucky
Case 31 — PETITION EQUITY APPEAL PROM BULLITT CIRCUIT COURT. I. An issue of fact in an equitable action should be referred to a jury only when the evidence is conflicting, and a finding upon such reference is only advisory to the court.
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Case 31 — PETITION EQUITY APPEAL PROM BULLITT CIRCUIT COURT. I. An issue of fact in an equitable action should be referred to a jury only when the evidence is conflicting, and a finding upon such reference is only advisory to the court. (Daniels’ Chancery Practice, vol. 2, pages 1121, 1147; Adams’ Equity, pages 376-378; Story’s Equity Jur., sec. 1479; Maddox’s Chancery, vol. 2, 276; Moore v. Payne, 7 Dana, 370; Lee v. Beatty, 8 Dana, 207; Moore’s Heirs v. Shepherd, &c., 2 Duvall, 125; Hendrix v. Mooney, 11 Bush, 309; Crabb v. Larkin, 9 Bush, 163.) 2. The matter of reference to a jury to try…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oh the court.
D. W. Phillips having died leaving an estate worth about one hundred and forty thousand dollars, and the probate of his wall having been resisted, there arose a protracted and ably contested litigation over the probate of said will, which litigation was finally terminated on appeal by this court. After the termination of the litigation the appellant, one of the leading attorneys of the appellees, the successful parties in said litigation, presented his account for ten thousand dollars for his services as attorney ; the appellees paid five…
2Cases cited1 opinion
- Meek v. McCallCourt of Appeals of Kentucky · 1882
3Cited by28 opinions
- Wilson v. Nichols & Shepherd Co.Court of Appeals of Kentucky · 1906
- Morawick v. Martineck's GuardianCourt of Appeals of Kentucky · 1908
- Winchester v. WatsonCourt of Appeals of Kentucky · 1916
- Carder v. WeisenburghCourt of Appeals of Kentucky · 1893
- Shannon v. Stratton & TersteggeCourt of Appeals of Kentucky · 1911
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