Samuel Tucker and Samuel Schrader, Appellants, v. Margaret P. Cutler, Appellee, 185 F.2d 853 (6th Cir. 1951)

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US Court of Appeals for the Sixth Circuit - 185 F.2d 853 (6th Cir. 1951) October 13, 1950
Writ of Certiorari Denied February 26, 1951

Appeal from the United States District Court for the Eastern District of Kentucky; Mac Swinford, Judge.

Davies & Hirschfeld, Newport, Ky., Daniel W. Davies, Newport, Ky., for appellants.

Ebert, Cook & Burke, Newport, Ky., Henry J. Cook, Newport, Ky., for appellee.

Before ALLEN, MARTIN and MILLER, Circuit Judges.


This appeal was heard on the record, briefs and oral argument of counsel for respective parties;

And the Court being of the opinion that the Trial Judge was not in error in the construction which he gave to Section 372.040, Kentucky Revised Statutes, upon which appellee's cause of action was based; and

That the Trial Judge was not in error in refusing to give an instruction to the jury upon the defense alleged in the sixth defense of the answer, alleging connivance and conspiracy by appellee with her husband; Section 525, Carroll's Kentucky Civil Code of Practice; Orleans v. Platt, 99 U.S. 676, 678, 25 L. Ed. 404; Bird v. United States, 187 U.S. 118, 132, 23 S. Ct. 42, 47 L. Ed. 100.

It is ordered that the judgment of the District Court be and is affirmed for the reasons given by the District Judge in his opinions in the cases on the Covington, Kentucky Docket, styled Hartlieb v. Carr et al., D.C., 94 F. Supp. 279 and Salonen v. Farley et al., D.C., 82 F. Supp. 25.