Legal Opinion

Comth. v. Remington Type-writer Co.

Court of Appeals of Kentucky

Decided November 22, 1907PublishedCited by 20 opinions

CASE 22. — SEPARATE PROSECUTIONS AGAINST THE REMINGTON TYPEWRITER CO., THE WINDISCH-MUHLHAUSER BREWING CO., THE LEXINGTON BREWING CO., AND THE SINGER SEWING MACHINE CO. TO RECOVER A PENALTY FOR FAILING TO USE THE WORD “INCORPORATED” ON ITS ADVERTISING MATTER. Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge. From a judgment sustaining special and general demurrer to the petition the Commonwealth appeals JURISDICTION.

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CASE 22. — SEPARATE PROSECUTIONS AGAINST THE REMINGTON TYPEWRITER CO., THE WINDISCH-MUHLHAUSER BREWING CO., THE LEXINGTON BREWING CO., AND THE SINGER SEWING MACHINE CO. TO RECOVER A PENALTY FOR FAILING TO USE THE WORD “INCORPORATED” ON ITS ADVERTISING MATTER. Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge. From a judgment sustaining special and general demurrer to the petition the Commonwealth appeals JURISDICTION. The appellees contend that if any offense was committed by any one of them it was not committed in Boyle county, but in the county where the designated agent upon whom…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Affirming.

The several appeals presenting the same questions of law will be disposed of together.

The appellees were proceeded- against in the Boyle circuit court by separate penal actions brought under authority of section 11 of the Criminal Code of Practice to recover the penalty for a violation of section 576 of the Kentucky Statutes of 1903, reading that: “Every corporation organized under the laws of this *180State, and every corporation doing business in this State, shall in a conspicuous place on its place or places of business, in letters sufficiently…

2Cases cited7 opinions

  1. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
  2. State v. MitchellSupreme Judicial Court of Maine · 1902
  3. Bohon's Assignee v. BrownCourt of Appeals of Kentucky · 1897
  4. Commonwealth v. Grand Central Building & Loan Ass'nCourt of Appeals of Kentucky · 1895
  5. Schoolcraft's Adm'r v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1891

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3Cited by20 opinions

  1. Lakes v. GoodloeCourt of Appeals of Kentucky · 1922
  2. Owen County Burley Tobacco Society v. BrumbackCourt of Appeals of Kentucky · 1908
  3. Commonwealth v. GoldburgCourt of Appeals of Kentucky · 1915
  4. Peaslee-Gaulbert Co. v. McMath's Admr.Court of Appeals of Kentucky · 1912
  5. Potter v. Dark Tobacco Growers Co-Operative Ass'nCourt of Appeals of Kentucky · 1923

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