Legal Opinion

Russell's Admr. v. Frankfort Sub. Ry. Co.

Court of Appeals of Kentucky

Decided February 9, 1909Published

CASE 90. — ACTIONS BY HENRY RUSSELL’S ADMR. AGAINST THE FRANKFORT & SUBURBAN RAILWAY CO. AND BY THOMAS P. BRAWNER’S ADMR. AGAINST THE FRANKFORT & VERSAILLES TRACTION CO. TO ENFORCE JUDGMENTS. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for defendant in each case, plaintiffs appeal POINTS SUGGESTED AND AUTHORITIES. 1. Appellant is a creditor. (Lillard v. McGee, 4 Bibb 165; Slater v. Sherman 5 Bush 206; Abglin v. Conley 24 Ky.

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CASE 90. — ACTIONS BY HENRY RUSSELL’S ADMR. AGAINST THE FRANKFORT & SUBURBAN RAILWAY CO. AND BY THOMAS P. BRAWNER’S ADMR. AGAINST THE FRANKFORT & VERSAILLES TRACTION CO. TO ENFORCE JUDGMENTS. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for defendant in each case, plaintiffs appeal POINTS SUGGESTED AND AUTHORITIES. 1. Appellant is a creditor. (Lillard v. McGee, 4 Bibb 165; Slater v. Sherman 5 Bush 206; Abglin v. Conley 24 Ky. Law Rep. 1551.) 2. Appellant is by virtue of section 203 of the Constitution and section 560 of the Kentucky Statutes a preferred creditor of…

1Opinion of the Court

Opinion of the Court by

Judge Hobson

Affirming.

These two oases, which involve the same facts, will be heard together. Kate Russell, as administrator of Henry Russell, recovered a judgment in the Franklin circuit court on November 18, 1904. in the sum of $7,800 against the Frankfort Suburban Railway Company for injuries received! by him. Thomas P. Brawner at the April term, 1904, recovered a like judgment for the sum of $3,000 and afterwards died. Execution was issued on both judgments and returned no property found. Subsequently these suits were brought against the Frankfort & Suburban Railway…

2Cases cited1 opinion

  1. Ronsh v. Vanceburg, Salt Lick, Tolesboro & Maysville Turnpike Co.Court of Appeals of Kentucky · 1905

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