Jenkins v. Berry
Court of Appeals of Kentucky
Case 42 — Petition by J. O. Jenkins and others for a Writ of Prohibition Against A. S. Berry, Judge of the Campbell Circuit Court, and C. L. Raison to Prevent Them from Interfering With the Plaintiff’s Control of ti-ie Speers Hospital and from Removing Them as Trustees. 1. The chancellor has no visitorial powers, and he must act according to the ancient rules of equity, practice. Moore v. Moore, 4 Dana, 3C5; Chambers v. Bap. Ed.
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Case 42 — Petition by J. O. Jenkins and others for a Writ of Prohibition Against A. S. Berry, Judge of the Campbell Circuit Court, and C. L. Raison to Prevent Them from Interfering With the Plaintiff’s Control of ti-ie Speers Hospital and from Removing Them as Trustees. 1. The chancellor has no visitorial powers, and he must act according to the ancient rules of equity, practice. Moore v. Moore, 4 Dana, 3C5; Chambers v. Bap. Ed. Soc., 1. B. M., 215; Attorney-General v. Wallace, 7 B. M., 611. 2. The provision in the will confers no jurisdiction on the chancellor. “The provision in the deed…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE
Granting Writ.
By their petition filed in this court, the plaintiffs, J. O. Jenkins, John L. Phythian. and W. E. Senour, trustees of the Speers Hospital, situated in the city of Dayton, Campbell county, Ky., ask a writ of prohibition against the defendants, A. S. Berry, judge of the Campbell circuit court, *354and C. L. Raison, Jr., amicus curiae of the Campbell circuit court, preventing them from interfering with the plaintiffs’ control of the Speers Hospital, and from attempting to re move them as such trustees. It appears from, the statements of the petition…
2Cases cited6 opinions
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Attorney General v. Wallace's DeviseesCourt of Appeals of Kentucky · 1847
- Clark County Court v. WarnerCourt of Appeals of Kentucky · 1903
- Hindman v. ToneyCourt of Appeals of Kentucky · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hilen v. HaysKentucky Supreme Court · 1984
- Ohio River Contract Co. v. GordonCourt of Appeals of Kentucky · 1916
- Rush v. DenhardtCourt of Appeals of Kentucky · 1910
- Holt v. College of Osteopathic Physicians & SurgeonsCalifornia Supreme Court · 1964
- Commonwealth v. YungblutCourt of Appeals of Kentucky · 1914
20 more not listed; retrieve them via the Exa API.