Commonwealth v. Hillside Coal Co.
Court of Appeals of Kentucky
Case 10 — Indictment fob Failing to Pay an Employe in Lawful Money APPEAL FROM MUHLENBERG CIRCUIT COURT. Indictment Dismissed and Commonwealth Appeals. 1, The indictment is good and the court erred in sustaining the demurrer to it for the following reasons: (a) The indictment is specific. (b) It alleges that one John Dibble was in the employment of eaid company during the month of March 1899, and that wages was due him for that month which the company refused to pay.
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Case 10 — Indictment fob Failing to Pay an Employe in Lawful Money APPEAL FROM MUHLENBERG CIRCUIT COURT. Indictment Dismissed and Commonwealth Appeals. 1, The indictment is good and the court erred in sustaining the demurrer to it for the following reasons: (a) The indictment is specific. (b) It alleges that one John Dibble was in the employment of eaid company during the month of March 1899, and that wages was due him for that month which the company refused to pay. (c) That there were more than ten persons engaged in mining for this company at the time. (d) This act regulating the pay of…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE HAZELRIGG
Reversing.
The appellee is engaged in the mining business, employing more than ten men, and, although able financially to do so, failed to pay in lawful money an employe on the 16th of April, 1899, the wages due him for the preceding month. A demurrer to the 'indictment, which was found on April 26, 1899, and which charged substantially the foregoing facts, was sustained by the trial court; hence this appeal by the Commonwealth. Section 244 of the Constitution provides that “all wage-earners in this State employed in factories, mines, workshops or…
2Cited by12 opinions
- Kentucky Harlan Coal Co. v. HolmesKentucky Supreme Court · 1994
- Lakes v. GoodloeCourt of Appeals of Kentucky · 1922
- Hodge v. BryanCourt of Appeals of Kentucky · 1912
- Seelyville Coal & Mining Co. v. McGlossonIndiana Supreme Court · 1906
- Barker v. Stearns Coal Lumber Co., Inc.Court of Appeals of Kentucky (pre-1976) · 1941
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