Legal Opinion

Wathen, Mueller & Co. v. Commonwealth

Court of Appeals of Kentucky

Decided March 25, 1909PublishedCited by 3 opinions

Appeal from Marion Circuit Court. I. II. Thurman, Circuit Judge. Defendants convicted, and appeal SUMMARY AND AUTHORITIES. 1. The regular judge erréd in refusing to vacate the bench. The facts set out ■ in the affidavit filed, -show ample grounds for the removal of the judge. (Powers v. Commonwealth, 24 Ky. L. R., 1012; Givens v. Crenshaw, 21 K. L. it., 1618; Morris v. Commonwealth, 93 K. R., 588; German' Insurance Co. v. Landrum, 88 K. R., 440; Ky.

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Appeal from Marion Circuit Court. I. II. Thurman, Circuit Judge. Defendants convicted, and appeal SUMMARY AND AUTHORITIES. 1. The regular judge erréd in refusing to vacate the bench. The facts set out ■ in the affidavit filed, -show ample grounds for the removal of the judge. (Powers v. Commonwealth, 24 Ky. L. R., 1012; Givens v. Crenshaw, 21 K. L. it., 1618; Morris v. Commonwealth, 93 K. R., 588; German' Insurance Co. v. Landrum, 88 K. R., 440; Ky. Journal Pub. -Co. v. Gaines, 110 K. R., 5. W. R., 268.) 2. All .orders and judgments entered by the regular judge were void- He had no…

1Opinion of the Court

Opinion op the Court by

Judge Nunn

Reversing.

• Appellants are registered distillers engaged in the manufacture of whisky in Marion county; their distillery being located outside of the limits of the city of Lebanon and not in local option territory. They were indicted at the June term, 1908, of the Marion Circuit Court in several cases, charged with the offense of retailing whisky in less quantities than five gallons without license to do so. Before any of the cases were called for trial, or any steps taken, appellants filed in the clerk’s office an affidavit and an amended affidavit, seeking…

2Cases cited4 opinions

  1. Powers v. CommonwealthCourt of Appeals of Kentucky · 1902
  2. German Insurance v. LandramCourt of Appeals of Kentucky · 1889
  3. Massie v. CommonwealthCourt of Appeals of Kentucky · 1892
  4. Kentucky Journal Publishing Co. v. GainesCourt of Appeals of Kentucky · 1908

3Cited by3 opinions

  1. Eastridge v. CommonwealthCourt of Appeals of Kentucky · 1922
  2. Tolliver v. CommonwealthCourt of Appeals of Kentucky · 1915
  3. Lester v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933

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