5 Kentucky opinions name it 2 courts 1889–1953 0 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in Kentucky. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jefferson, Noyes & Brown v. Western National Bank
green
2 sentences1947As stated in Jefferson, Noyes & Brown v. Western National Bank, 144 Ky. 62 , at page 65, 138 S. W. 308 , at page 310: “A defense must be presented, or it is lost; a counterclaim may he withheld for a separate action.” The same principle is recognized by Section 17 of the Civil Code of Practice of Kentucky, which provides in part that a judgment does not prevent the recovery of any claim which was not, though it might have been, used as a defense by way of counterclaim. 1947As stated in Jefferson, Noyes & Brown v. Western National Bank, 144 Ky. 62 , at page 65, 138 S. W. 308 , at page 310: “A defense must be presented, or it is lost; a counterclaim may he withheld for a separate action.” The same principle is recognized by Section 17 of the Civil Code of Practice of Kentucky, which provides in part that a judgment does not prevent the recovery of any claim which was not, though it might have been, used as a defense by way of counterclaim. | 3 | 1926–1947 |
Dorsey v. Reese
neutral
1 sentence1953Dorsey v. Reese, 14 B.Mon. 157, 53 Ky. 157 . | 1 | 1953–1953 |
Commomwealih v. Barker
neutral
1 sentence1936Moore v. Gas & Electric Shop, supra; Bishop’s Adm’r v. Bishop, 162 Ky. 769 , 173 S. W. 130 ; Jefferson, Noyes & Brown v. Western National Bank, 144 Ky. 62 , 138 S. W. 308 ; Truesdale v. Brady, 105 S. W. 122 , 31 Ky. Law Rep. 1336 ; Com. v. Barker, 126 Ky. 200 , 103 S. W. 303 , 31 Ky. Law Rep. 648 . | 1 | 1936–1936 |
Bishop's Administrator v. Bishop
neutral
2 sentences1936Moore v. Gas & Electric Shop, supra; Bishop’s Adm’r v. Bishop, 162 Ky. 769 , 173 S. W. 130 ; Jefferson, Noyes & Brown v. Western National Bank, 144 Ky. 62 , 138 S. W. 308 ; Truesdale v. Brady, 105 S. W. 122 , 31 Ky. Law Rep. 1336 ; Com. v. Barker, 126 Ky. 200 , 103 S. W. 303 , 31 Ky. Law Rep. 648 . 1936Moore v. Gas & Electric Shop, supra; Bishop’s Adm’r v. Bishop, 162 Ky. 769 , 173 S. W. 130 ; Jefferson, Noyes & Brown v. Western National Bank, 144 Ky. 62 , 138 S. W. 308 ; Truesdale v. Brady, 105 S. W. 122 , 31 Ky. Law Rep. 1336 ; Com. v. Barker, 126 Ky. 200 , 103 S. W. 303 , 31 Ky. Law Rep. 648 . | 1 | 1936–1936 |
McCown v. Macklin's
neutral
1 sentence1889But such judgment does not prevent the recovery of any claim which was not, though it might have been, used as a defense by ■way of set off or counter-claim in the action.” Macklin’s Executor, in the case of McCown v. Macklin’s executor, 7 Bush, 308 , had recovered a common law judgment on two notes against McCown, as the surety of Pepper. | 1 | 1889–1889 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.