St. Joseph's Orphan Society v. Wolpert
Court of Appeals of Kentucky
Case 19 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. Brief withdrawn. The court properly compelled appellant to elect as to which cause of action it would prosecute. The petition purports to state a cause-of action against several persons, when in fact four distinct suits, must he brought. Appellant does not keep a “tavern,” a house of public or private entertainment, and it did not make any agreement for compensation.
Read the full summary
Case 19 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. Brief withdrawn. The court properly compelled appellant to elect as to which cause of action it would prosecute. The petition purports to state a cause-of action against several persons, when in fact four distinct suits, must he brought. Appellant does not keep a “tavern,” a house of public or private entertainment, and it did not make any agreement for compensation. The orphan was taken as a matter of charity,, and no recovery can he had. (Art. 3, chap. 106, Gen. Stat.)
1Opinion of the Court
JUDGE HARGIS
delivered the opinion oe the court.
The appellant, a charitable institution for the rearing, maintaining, and educating of orphan children, brought this action against John Schulten, as guardian of Frank, George,' Catherine, and John Wolpert, and against each of said infants in their individual capacity, for the value of raising, taking care of, and educating them.
The petition, stripped of its formal parts, substantially alleges that the infants named were supposed by appellant and their guardian to be penniless, and that the appellant received, cared for, and educated them as…
2Cited by7 opinions
- Ramsey v. RamseyIndiana Supreme Court · 1889
- Louisville & Nashville Railroad v. Greenbrier Distillery Co.Court of Appeals of Kentucky · 1916
- Board of Commissioners v. RistineIndiana Supreme Court · 1890
- In re the Judicial Settlement of Account of Proceedings of Security Trust Co.New York Surrogate's Court · 1928
- Spencer v. Candelaria Waterworks & Milling Co.U.S. Circuit Court for the District of Nevada · 1902
2 more not listed; retrieve them via the Exa API.