Legal Opinion

Commonwealth v. Sherman

Court of Appeals of Kentucky

Decided June 4, 1887PublishedCited by 21 opinions

Case 83 — PETITION OEDINABY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The Jefferson Court of Common Pleas had jurisdiction. As the offense was not indictable, the Jefferson Circuit Court did not have jurisdiction. (Acts of 1876, vol. 1, p. 19.) Jurisdiction of an action to recover a fine is not confined to courts having criminal jurisdiction.

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Case 83 — PETITION OEDINABY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. The Jefferson Court of Common Pleas had jurisdiction. As the offense was not indictable, the Jefferson Circuit Court did not have jurisdiction. (Acts of 1876, vol. 1, p. 19.) Jurisdiction of an action to recover a fine is not confined to courts having criminal jurisdiction. (Civil Code, sec. 63; Gen. Stats., chap. 29, art. 1, sec. 27; Commonwealth v. Avery, 14 Bush.) 2. Even though the forty-eighth section of the insurance act be unconstitutional in so far as it gives unlimited discretion as to the power of…

1Opinion of the Court

JUDGE HOLT

delivered the opinion of the court.

The act of the Legislature, entitled “An act for the incorporation and regulation of life insurance companies,” approved March 12, 1870, provides :

“ Sec. 42. Every person who shall transact any business as an agent of any life insurance company without first procuring the license required in this act, or who knowingly procures payment, or any obligation for the payment of any premium for insurance by fraudulent representations, or after revocation of his license, shall be punished by fine not exceeding one thousand dollars.
“ Sec. 48. Every fine,…

2Cases cited2 opinions

  1. Commonwealth v. AveryCourt of Appeals of Kentucky · 1879
  2. Acree v. CommonwealthCourt of Appeals of Kentucky · 1877

3Cited by21 opinions

  1. People v. HarmonCalifornia Supreme Court · 1960
  2. State v. AlleySupreme Judicial Court of Maine · 1970
  3. City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
  4. Louisville Trust Co. v. MorganCourt of Appeals of Kentucky · 1918
  5. Cowan v. ProwseCourt of Appeals of Kentucky · 1892

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