Kentucky Mutual Security Fund Co. v. Turner
Court of Appeals of Kentucky
Case 99 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The demurrer to defendant’s answer related back to the petition, ■ and as that did not set up a cause of action of which the court had jurisdiction, it ivas bad, and the demurrer should not have been sustained against the answer, as the plaintiff had committed the first fault.
Read the full summary
Case 99 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The demurrer to defendant’s answer related back to the petition, ■ and as that did not set up a cause of action of which the court had jurisdiction, it ivas bad, and the demurrer should not have been sustained against the answer, as the plaintiff had committed the first fault. (Wilie v. Sweeny, 2 Duv., 61; Young v. Duhme, 4 Met., 239; Martin v. McDonald, 14 B. M.) 2. The chancery court in Jefferson county has only such equitable jurisdiction as the circuit courts have in their respective counties. (Civil Code, sec.…
1Opinion of the Court
JUDGE BENNETT
dbliykrkd thb opinion of the court.
The appellant issued to William A. Turner, now deceased, a certificate of membership in its company, by which it agreed to insure his life for the benefit of the appellees. Said insurance was on the mutual benefit plan, and entitled the appellees, upon the death of said William A. Turner, provided he kept his premiums and mortuary assessments paid up, to receive pay from the appellant, not exceeding three thousand ■dollars, provided the mortuary assessments on the policies then in force, according to the graduated plan ns provided in a table…
2Cited by9 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Thomas v. Knights of Maccabees of the WorldWashington Supreme Court · 1915
- Burlew v. Fidelity & Casualty Co. of New YorkCourt of Appeals of Kentucky (pre-1976) · 1938
- Price v. CommonwealthCourt of Appeals of Kentucky · 1908
- City of Owensboro v. NolanCourt of Appeals of Kentucky (pre-1976) · 1932
4 more not listed; retrieve them via the Exa API.