American rule in Kentucky

2020In Seeger v. Lanham, 542 S.W.3d 286 (Ky. 2018), the Supreme Court of Kentucky clearly set out the circumstances under which an award of attorney’s fees is appropriate: Under the American rule, “attorney’s fees in Kentucky are not awarded as costs to the prevailing party unless there is a statute permitting it or as a term of a contractual agreement between the parties.” [Bell v. Commonwealth, 423 S.W.3d 742, 748 (Ky. 2014)].

2020In Seeger v. Lanham, 542 S.W.3d 286 (Ky. 2018), the Supreme Court of Kentucky clearly set out the circumstances under which an award of attorney’s fees is appropriate: Under the American rule, “attorney’s fees in Kentucky are not awarded as costs to the prevailing party unless there is a statute permitting it or as a term of a contractual agreement between the parties.” [Bell v. Commonwealth, 423 S.W.3d 742, 748 (Ky. 2014)].

2010Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714, 717-18 , 87 S.Ct. 1404 , 18 L.Ed.2d 475 (1967).

2010Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714, 717-18 , 87 S.Ct. 1404 , 18 L.Ed.2d 475 (1967).

1953“The ‘American rule’ takes cognizance of the maxim, Sic utere tuo ut alienum non l.aedas, and treats it as a reasonable limitation upon the maxim, ‘Cujus est solum.’ It gives to the owner of the soil every reasonable use of the water, but forbids him to use otherwise his rights to the prejudice of his neighbor.” Clinchfield Coal Corp. v. Compton, 148 Va. 437 , 139 S.E. 308 , 55 A.L.R. 1376 .

1953“The ‘American rule’ takes cognizance of the maxim, Sic utere tuo ut alienum non l.aedas, and treats it as a reasonable limitation upon the maxim, ‘Cujus est solum.’ It gives to the owner of the soil every reasonable use of the water, but forbids him to use otherwise his rights to the prejudice of his neighbor.” Clinchfield Coal Corp. v. Compton, 148 Va. 437 , 139 S.E. 308 , 55 A.L.R. 1376 .

1951Putnam v. Producers Live Stock Marketing Ass’n, 256 Ky. 196 , 75 S.W.2d 1075 , 100 A.L.R., page 834.

1951Putnam v. Producers Live Stock Marketing Ass’n, 256 Ky. 196 , 75 S.W.2d 1075 , 100 A.L.R., page 834.

1950It is not a case of presumption but of proof, sufficient if not conclusive proof.” In Riley v. Taylor’s Guardian, 238 Ky. 256 , 37 S. W. 2d 59, 60 , it is said: “* * * proof may be direct, or it may be circumstantial, arising from tbe circumstances under which the person left, his reasons for leaving, or concealing his whereabouts, his age, condition of health, his motives for not returning or keeping in communication with his home, and the like.” The judgment is reversed for proceedings not inconsistent with this opinion.

1950It is not a case of presumption but of proof, sufficient if not conclusive proof.” In Riley v. Taylor’s Guardian, 238 Ky. 256 , 37 S. W. 2d 59, 60 , it is said: “* * * proof may be direct, or it may be circumstantial, arising from tbe circumstances under which the person left, his reasons for leaving, or concealing his whereabouts, his age, condition of health, his motives for not returning or keeping in communication with his home, and the like.” The judgment is reversed for proceedings not inconsistent with this opinion.

1935In City National Bank of Paducah v. Exchange Bank of Mayfield, 254 Ky. 579 , 72 S. W. (2d) 1 , notes secured by purchase-money lien were paid by the maker after maturity.

1935In City National Bank of Paducah v. Exchange Bank of Mayfield, 254 Ky. 579 , 72 S. W. (2d) 1 , notes secured by purchase-money lien were paid by the maker after maturity.

1932Co. et al., 209 Ky. 325 , 272 S. W. 753, 754 , in these words: “Although tbe English rule is somewhat' broader, tbe American rule, wbicb is tbe rule in tbis *269 state, is firmly established that statements in pleadings filed in judicial proceedings, if material, relevant, or pertinent to the issues involved, are absolutely privileged, though it is claimed that they are false and alleged with malice.” The petition in which it is claimed that the alleged libelous statements, for which the appellant seeks recovery in the instant action, appear, was filed pursuant to section 518 of the Civil Code

1932Co. et al., 209 Ky. 325 , 272 S. W. 753, 754 , in these words: “Although tbe English rule is somewhat' broader, tbe American rule, wbicb is tbe rule in tbis *269 state, is firmly established that statements in pleadings filed in judicial proceedings, if material, relevant, or pertinent to the issues involved, are absolutely privileged, though it is claimed that they are false and alleged with malice.” The petition in which it is claimed that the alleged libelous statements, for which the appellant seeks recovery in the instant action, appear, was filed pursuant to section 518 of the Civil Code

1925Gaines v. Aetna Insurance Co., 104 Ky. 695 , 47 S. W. 884 ; Sebree v. Thompson, 126 Ky. 223 , 103 S. W. 374 ; Monroe v. Davis, 118 Ky. 806 , 82 S. W. 450 ; Jaybee Jellico Coal Co. v. Carter, 208 Ky. 241 , 270 S. W. 768 .

1925Gaines v. Aetna Insurance Co., 104 Ky. 695 , 47 S. W. 884 ; Sebree v. Thompson, 126 Ky. 223 , 103 S. W. 374 ; Monroe v. Davis, 118 Ky. 806 , 82 S. W. 450 ; Jaybee Jellico Coal Co. v. Carter, 208 Ky. 241 , 270 S. W. 768 .

1925Gaines v. Aetna Insurance Co., 104 Ky. 695 , 47 S. W. 884 ; Sebree v. Thompson, 126 Ky. 223 , 103 S. W. 374 ; Monroe v. Davis, 118 Ky. 806 , 82 S. W. 450 ; Jaybee Jellico Coal Co. v. Carter, 208 Ky. 241 , 270 S. W. 768 .

1925Gaines v. Aetna Insurance Co., 104 Ky. 695 , 47 S. W. 884 ; Sebree v. Thompson, 126 Ky. 223 , 103 S. W. 374 ; Monroe v. Davis, 118 Ky. 806 , 82 S. W. 450 ; Jaybee Jellico Coal Co. v. Carter, 208 Ky. 241 , 270 S. W. 768 .

1925Gaines v. Aetna Insurance Co., 104 Ky. 695 , 47 S. W. 884 ; Sebree v. Thompson, 126 Ky. 223 , 103 S. W. 374 ; Monroe v. Davis, 118 Ky. 806 , 82 S. W. 450 ; Jaybee Jellico Coal Co. v. Carter, 208 Ky. 241 , 270 S. W. 768 .

1925Gaines v. Aetna Insurance Co., 104 Ky. 695 , 47 S. W. 884 ; Sebree v. Thompson, 126 Ky. 223 , 103 S. W. 374 ; Monroe v. Davis, 118 Ky. 806 , 82 S. W. 450 ; Jaybee Jellico Coal Co. v. Carter, 208 Ky. 241 , 270 S. W. 768 .

1925Gaines v. Aetna Insurance Co., 104 Ky. 695 , 47 S. W. 884 ; Sebree v. Thompson, 126 Ky. 223 , 103 S. W. 374 ; Monroe v. Davis, 118 Ky. 806 , 82 S. W. 450 ; Jaybee Jellico Coal Co. v. Carter, 208 Ky. 241 , 270 S. W. 768 .

1925Gaines v. Aetna Insurance Co., 104 Ky. 695 , 47 S. W. 884 ; Sebree v. Thompson, 126 Ky. 223 , 103 S. W. 374 ; Monroe v. Davis, 118 Ky. 806 , 82 S. W. 450 ; Jaybee Jellico Coal Co. v. Carter, 208 Ky. 241 , 270 S. W. 768 .

1916The mortgage operates as a contract to assign as soon as the mortgagor acquires the property, which lien is enforced in equity as a lien attaching to the property, on the maxim that equity considers as done that which ought to be done.” See further Manly v. Bitzer, 91 Ky. 596 ; Holt v. Thurman, 111 Ky. 84 ; Levi v. Loevenhart, 138 Ky. 133 .

1916The mortgage operates as a contract to assign as soon as the mortgagor acquires the property, which lien is enforced in equity as a lien attaching to the property, on the maxim that equity considers as done that which ought to be done.” See further Manly v. Bitzer, 91 Ky. 596 ; Holt v. Thurman, 111 Ky. 84 ; Levi v. Loevenhart, 138 Ky. 133 .

1916The mortgage operates as a contract to assign as soon as the mortgagor acquires the property, which lien is enforced in equity as a lien attaching to the property, on the maxim that equity considers as done that which ought to be done.” See further Manly v. Bitzer, 91 Ky. 596 ; Holt v. Thurman, 111 Ky. 84 ; Levi v. Loevenhart, 138 Ky. 133 .

1916The mortgage operates as a contract to assign as soon as the mortgagor acquires the property, which lien is enforced in equity as a lien attaching to the property, on the maxim that equity considers as done that which ought to be done.” See further Manly v. Bitzer, 91 Ky. 596 ; Holt v. Thurman, 111 Ky. 84 ; Levi v. Loevenhart, 138 Ky. 133 .

1916The mortgage operates as a contract to assign as soon as the mortgagor acquires the property, which lien is enforced in equity as a lien attaching to the property, on the maxim that equity considers as done that which ought to be done.” See further Manly v. Bitzer, 91 Ky. 596 ; Holt v. Thurman, 111 Ky. 84 ; Levi v. Loevenhart, 138 Ky. 133 .

1916The mortgage operates as a contract to assign as soon as the mortgagor acquires the property, which lien is enforced in equity as a lien attaching to the property, on the maxim that equity considers as done that which ought to be done.” See further Manly v. Bitzer, 91 Ky. 596 ; Holt v. Thurman, 111 Ky. 84 ; Levi v. Loevenhart, 138 Ky. 133 .

1911But there is no room for ratification (unless the whole world may ratify it) until the credit of another than the agent has been pledged to the third party.” The doctrine is well stated in Western Publishing House v. Rock, 84 Iowa, 101 , as follows: “The plaintiff, while inferentially conceding that the) contract was made without authority, insists that it), was afterwards ratified.

1891(United States v. Cruikshank, &c., 92 U. S., 542 .) But aside from what we regard as the American rule, section 124 of our Criminal Code provides, that an indictment must be direct and certain as to “the particular circumstances of the offense charged, if they be necessary to constitute a complete offense;” and section 122 sa^s, the indictment must contain “ a statement of the acts constituting the offense in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended; and with such a degree of certainty as to enable the court to p

1891(United States v. Cruikshank, &c., 92 U. S., 542 .) But aside from what we regard as the American rule, section 124 of our Criminal Code provides, that an indictment must be direct and certain as to “the particular circumstances of the offense charged, if they be necessary to constitute a complete offense;” and section 122 sa^s, the indictment must contain “ a statement of the acts constituting the offense in ordinary and concise language, and in such a manner as to enable a person of common understanding to know what is intended; and with such a degree of certainty as to enable the court to p

1890(Gray on Telegraphs, section 65; Wadsworth v. Western Union Telegraph Company, 86 Tenn., 695 .) The lower court properly rejected the first item of damage.

1890(Gray on Telegraphs, section 65; Wadsworth v. Western Union Telegraph Company, 86 Tenn., 695 .) The lower court properly rejected the first item of damage.

1888It was said in the case of Birney v. Richardson and Ford, 5 Dana, 424 : “In such a case, the law will not incline to any other conclusion than that the death must be during the particular estate, unless the letter or context of the will plainly shows that the testator intended a death either in his own life-time, or at any time whenever it might occur.” In the absence of such a disposing intent appearing, from the will, it will not be presumed that the testator intended that the property should be distributed to the devisee, and that he should enter upon the enjoyment of it, and yet his intere

1846And Chancellor Kent, in the 5th edition of his Commentaries, published in 1844, 231, changes his former text, and after laying down the rule adopted by the marine law, and foreign ordinances and jurists, as to the appor iionment of the damages, where there is fault on both sides, he remarks: “But according to the English and American rule, in the Courts of common law, if there be fault or want of care on both sides, or without fault on either side, neither party can sue the other;” and he cites the following authorities: Vanderplank vs Miller, (1 Moody and Malkin, 169;) Venuall vs Gerner, (1 C