Commonwealth v. Douglass
Court of Appeals of Kentucky
*Case 20 PETITIONS APPEALS FROM JEFFERSON CIRCUIT COURT, LAW AND 'EQUITY DIVISION. 1. Upon the plea of res adjudicata in the case of the Henry Academy and Female College Lottery, the judgment of the court below is 'clearly sustained by abundant authority. In quo warranto the burden is on the defendant to show such a state of facts as invests him with the complete legal title to the franchise in question.
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*Case 20 PETITIONS APPEALS FROM JEFFERSON CIRCUIT COURT, LAW AND 'EQUITY DIVISION. 1. Upon the plea of res adjudicata in the case of the Henry Academy and Female College Lottery, the judgment of the court below is 'clearly sustained by abundant authority. In quo warranto the burden is on the defendant to show such a state of facts as invests him with the complete legal title to the franchise in question. And while in Kentucky the writ of quo warranto, or an information in the nature of a quo warranto, is superseded by an ordinary action to vacate or repeal charters, and to prevent the…
1Opinion of the CourtChief Justice Bennett
deiivered the opinion oe ti-ie court.
These proceedings were commenced and prosecuted by the Commonwealth to prevent the usurpation of the franchise claimed by Douglass to operate said lotteries. It seems that the Legislature in 1850 authorized J. N. Webb to raise money by lottery for the benefit of the Henry Academy and Henry Female College.
The third section of the act empowered the grantees to sell the scheme, which they did: and which fell into the hands, by purchase, of the appellant Douglass, who proceeded to operate the same under said grant He claims that the Legislature having…
2Cases cited1 opinion
- Gregory's v. Trustees of Shelby CollegeCourt of Appeals of Kentucky · 1859
3Cited by3 opinions
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- AB Long Music Company v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1968
- Baker v. City of PrincetonCourt of Appeals of Kentucky (pre-1976) · 1928