Anderson Nat. Bank v. Reeves
| Decision Date | 15 June 1943 |
| Citation | 294 Ky. 674,172 S.W.2d 575 |
| Parties | ANDERSON NAT. BANK v. REEVES. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Franklin County; W. B. Ardery, Judge.
Declaratory judgment action by the Anderson National Bank, etc., against H. Clyde Reeves, individually etc., to contest the validity of the Act dealing with escheat and the disposition of certain classes of abandoned property. From an adverse judgment, plaintiffs appeal.
Affirmed.
Bullitt & Middleton, Chas. W. Milner, and Leo T. Wolford, all of Louisville, for appellant.
Hubert Meredith, Earl S. Wilson, and A. E. Funk, all of Frankfort, for appellee.
This is the second appeal of this case. The opinion on the first appeal, reported in 293 Ky. 735, 170 S.W.2d 350, upheld the validity of the principal sections of Chap. 79 of the Acts of 1940 as amended by Chap. 156 of the Acts of 1942 (KRS 393.010 et seq.) and affirmed the judgment of the lower court on the appeal but reversed it on the cross-appeal.
On the return of the case to the lower court judgment was entered in conformity with the opinion. This appeal is from that judgment.
We are bound by the opinion on the first appeal, whether it be right or wrong, under our familiar law of the case rule. We have considered the contentions 1) that the Act in question conflicts with the National Banking Act, 12 U.S.C.A. § 21 et seq., and 2) that it is violative of the due process clause of the 14th Amendment to the Federal Constitution and find the contentions without merit.
Since the judgment is in conformity with the former opinion it is affirmed.
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Anderson Nat Bank v. Luckett
...Ky. 735, 170 S.W.2d 350. On remand, the Circuit Court entered its judgment, dismissing the bill. The Court of Appeals affirmed. 294 Ky. 674, 172 S.W.2d 575. The case comes here on appeal under § 237(a) of the Judicial Code, 28 U.S.C. § 344(a), 28 U.S.C.A. § Appellant contends here: (1) that......
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State v. Phillips Petroleum Company
...L.Ed. 301, 44 S.Ct. 108, 31 A. L. R. 391; Anderson Natl. Bank v. Reeves, 293 Ky. 735, 170 S.W.2d 350; same case on second appeal, 294 Ky. 674, 172 S.W.2d 575; same U.S.Sup.Ct., 321 U.S. 233, 88 L.Ed. 692, 64 S.Ct. 599, 151 A. L. R. 824. There are also annotations on this point in 1 A. L. R.......
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State v. Phillips Petroleum Co.
...44 S.Ct. 108, 68 L.Ed. 301, 31 A.L.R. 391; Anderson Natl. Bank v. Reeves, 293 Ky. 735, 170 S.W.2d 350; same case on second appeal, 294 Ky. 674, 172 S.W.2d 575; Anderson Nat. Bank v. Luckett, 321 U.S. 233, 238, 64 S.Ct. 599, 88 L.Ed. 692, 151 A.L.R. 824. There are also annotations on this po......
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State v. Northwestern Nat. Bank of Minneapolis
...350. On remand, the trial court dismissed plaintiff's bill for an injunction to enforce the act. The Court of Appeals affirmed. 294 Ky. 674, 172 S.W.2d 575. In that case also, the bank, assuming to act in its own behalf and in behalf of its depositors, asserted lack of due process and, as a......