Legal Opinion

Central University of Kentucky v. Walters' Exrs.

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 18 opinions

CASE 10. — ACTION BY ANN W. WALTERS’ E ECUTORS AGAINST THE CENTRAL UNIVERSITY OP KENTUCKY TO CANCEL A NOTE EXECUTED BY THE INTESTATE AS A DONATION TO SAID UNIVERSITY. — February 22. Appeal from Madison Circuit Court. J. M. BeNtoN, Circuit Judge. Judgment for plaintiffs, defendant appeals.

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CASE 10. — ACTION BY ANN W. WALTERS’ E ECUTORS AGAINST THE CENTRAL UNIVERSITY OP KENTUCKY TO CANCEL A NOTE EXECUTED BY THE INTESTATE AS A DONATION TO SAID UNIVERSITY. — February 22. Appeal from Madison Circuit Court. J. M. BeNtoN, Circuit Judge. Judgment for plaintiffs, defendant appeals. POINTS AND AUTHORITIES. 1. An action to cancel a contract is not an action upon a contract, and section 72, Bullitt’s Code, does not give jurisdiction to a court outside of the county of the residence of the corporation in an action to cancel a contract. (Bullitt’s Ky. Code, section 72.) 2. In a written…

1Opinion of the Court

OPINION by

Judge O’Eeab

Reversing.

A schism in the Presbyterian Church of the United States of America resulted in about 1865 in the with*70drawal of a considerable number of its members, who subsequently organized themselves into a separate body known as the Presbyterian Church of the United States. Historically their difference grew out of •political questions and the deep feeling wrought by the distractions of the Civil "War, then just ended. There seems to have been no difference in doctrinal faith or teaching. The original church had in 1819 founded an institution of liberal education at…

2Cases cited4 opinions

  1. Pennsylvania College CasesSupreme Court of the United States · 1872
  2. Collier v. Baptist Education SocietyCourt of Appeals of Kentucky · 1847
  3. Carr's v. RobinsonCourt of Appeals of Kentucky · 1871
  4. Bryan v. Board of EducationCourt of Appeals of Kentucky · 1890

3Cited by18 opinions

  1. TRUSTEES OF RUTGERS COLLEGE IN NJ v. RichmanNew Jersey Superior Court Appellate Division · 1956
  2. Committee on Missions v. Pacific SynodCalifornia Supreme Court · 1909
  3. Wallace v. HughesCourt of Appeals of Kentucky · 1909
  4. Lupton v. Leander Clark CollegeSupreme Court of Iowa · 1922
  5. Schell v. Leander Clark CollegeDistrict Court, N.D. Iowa · 1926

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