J. I. Case Threshing Machine Co. v. Barnes
Court of Appeals of Kentucky
' Appeal from Wayne Circuit Court. M. L. Jarvis/Circuit Judge. Judgment for defendants, plaintiff appeals. POINTS AND AUTHORITIES CITED. 1. Although a suit has been, properly brought in equity it should be transferred and tried on the ordinary docket when the common law issues settles the equitable one, and in such cases either party has the constitutional right of a jury trial, whose finding under proper instructions binds the court the same as in cases brought at common…
Read the full summary
' Appeal from Wayne Circuit Court. M. L. Jarvis/Circuit Judge. Judgment for defendants, plaintiff appeals. POINTS AND AUTHORITIES CITED. 1. Although a suit has been, properly brought in equity it should be transferred and tried on the ordinary docket when the common law issues settles the equitable one, and in such cases either party has the constitutional right of a jury trial, whose finding under proper instructions binds the court the same as in cases brought at common law. (Carder v. Weisenberg, 95 Ky. 135; Hill v. Phillips, 87 Ky. 169; Meek v. McCall, 80 Ky. 379; Wisdom, &c. v. The…
1Opinion of the Court
Opinion op the Court' by
Judge Carroll
Affirming.
On July 10, 1905, the appellant company sold to the appellees a threshing outfit, consisting of an engine and separator, for $1,863. For this sum the appellees *324executed three notes due, respectively, in September, 1905, and August and September, 1906. As security for the payment -of the notes, the appellees on the same day executed and acknowledged before the proper officer a mortgage upon the machinery purchased. When sued upon the notes, the appellees filed an answer and counterclaim setting up various defenses. In one paragraph they averred,…
2Cases cited20 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Worrall v. . MunnNew York Court of Appeals · 1851
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- McFarland v. SikesSupreme Court of Connecticut · 1886
15 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Heck v. MorganWest Virginia Supreme Court · 1921
- Henry v. HutchinsSupreme Court of Minnesota · 1920
- Street v. J. I. Case Threshing MacH. Co.Court of Appeals of Texas · 1916
- Cumnock-Reed Co. v. LewisCourt of Appeals of Kentucky (pre-1976) · 1939
- Pickrell v. WilsonCourt of Appeals of Kentucky · 1923
10 more not listed; retrieve them via the Exa API.