contention error in Kentucky

23 Kentucky opinions name it 3 courts 1917–2022 1 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.

Followed or applied (8)

Case	Followed	Cited
Charash v. Johnsongreen kyctapp · 2000 · cited in 1 Kentucky opinions naming this issue, 2022–2022 1 sentence 2022See Charash v. Johnson, 43 S.W.3d 274, 281 (Ky. App. 2000).	1	1
Lynn v. Commonwealthgreen kyctapp · 2008 · cited in 1 Kentucky opinions naming this issue, 2011–2011 1 sentence 2011On the other hand, an example of an exception that adequately preserved a contention of error and provided a basis for remand can be found in Grant, 257 S.W.3d at 596.	1	1
Holbrook v. Hammondgreen kyctapphigh · 1946 · cited in 1 Kentucky opinions naming this issue, 2004–2004 2 sentences 2004Mary's Roman Catholic Church, 188 Ky. 161, 168 , 221 S.W. 503, 506 (1920) ("It is equally as thoroughly established that, when the owner of an easement acquires the fee-simple title to the land in which he had the easement, the easement is thereby extinguished...."); Rogers v. Flick, 144 Ky. 844 , 139 S.W. 1098, 1099 (1911) (citing 2 Washburn on Real Property, 373) ("[A]n easement is not destroyed or extinguished by the union of the dominant and servient estates, unless the fee in both is acquired and united in the same person. " (emphasis added)); 25 AM.JUR.2D Easements and Licenses § 1 (2004 2004Mary's Roman Catholic Church, 188 Ky. 161, 168 , 221 S.W. 503, 506 (1920) ("It is equally as thoroughly established that, when the owner of an easement acquires the fee-simple title to the land in which he had the easement, the easement is thereby extinguished...."); Rogers v. Flick, 144 Ky. 844 , 139 S.W. 1098, 1099 (1911) (citing 2 Washburn on Real Property, 373) ("[A]n easement is not destroyed or extinguished by the union of the dominant and servient estates, unless the fee in both is acquired and united in the same person. " (emphasis added)); 25 AM.JUR.2D Easements and Licenses § 1 (2004	1	1
Rogers v. Flickgreen · 1911 · cited in 1 Kentucky opinions naming this issue, 2004–2004 2 sentences 2004Mary's Roman Catholic Church, 188 Ky. 161, 168 , 221 S.W. 503, 506 (1920) ("It is equally as thoroughly established that, when the owner of an easement acquires the fee-simple title to the land in which he had the easement, the easement is thereby extinguished...."); Rogers v. Flick, 144 Ky. 844 , 139 S.W. 1098, 1099 (1911) (citing 2 Washburn on Real Property, 373) ("[A]n easement is not destroyed or extinguished by the union of the dominant and servient estates, unless the fee in both is acquired and united in the same person. " (emphasis added)); 25 AM.JUR.2D Easements and Licenses § 1 (2004 2004Mary's Roman Catholic Church, 188 Ky. 161, 168 , 221 S.W. 503, 506 (1920) ("It is equally as thoroughly established that, when the owner of an easement acquires the fee-simple title to the land in which he had the easement, the easement is thereby extinguished...."); Rogers v. Flick, 144 Ky. 844 , 139 S.W. 1098, 1099 (1911) (citing 2 Washburn on Real Property, 373) ("[A]n easement is not destroyed or extinguished by the union of the dominant and servient estates, unless the fee in both is acquired and united in the same person. " (emphasis added)); 25 AM.JUR.2D Easements and Licenses § 1 (2004	1	1
City of Franklin v. St. Mary's Roman Catholic Churchgreen kyctapp · 1920 · cited in 1 Kentucky opinions naming this issue, 2004–2004 2 sentences 2004Mary's Roman Catholic Church, 188 Ky. 161, 168 , 221 S.W. 503, 506 (1920) ("It is equally as thoroughly established that, when the owner of an easement acquires the fee-simple title to the land in which he had the easement, the easement is thereby extinguished...."); Rogers v. Flick, 144 Ky. 844 , 139 S.W. 1098, 1099 (1911) (citing 2 Washburn on Real Property, 373) ("[A]n easement is not destroyed or extinguished by the union of the dominant and servient estates, unless the fee in both is acquired and united in the same person. " (emphasis added)); 25 AM.JUR.2D Easements and Licenses § 1 (2004 2004Mary's Roman Catholic Church, 188 Ky. 161, 168 , 221 S.W. 503, 506 (1920) ("It is equally as thoroughly established that, when the owner of an easement acquires the fee-simple title to the land in which he had the easement, the easement is thereby extinguished...."); Rogers v. Flick, 144 Ky. 844 , 139 S.W. 1098, 1099 (1911) (citing 2 Washburn on Real Property, 373) ("[A]n easement is not destroyed or extinguished by the union of the dominant and servient estates, unless the fee in both is acquired and united in the same person. " (emphasis added)); 25 AM.JUR.2D Easements and Licenses § 1 (2004	1	1
Goins v. Meadegreen kyctapp · 1975 · cited in 1 Kentucky opinions naming this issue, 1988–1988 1 sentence 1988Goins v.' Meade, Ky., 528 S.W.2d 680, 683 (1975): There is not even the contention of error.	1	1
Williams v. Commonwealthgreen ky · 1978 · cited in 1 Kentucky opinions naming this issue, 1987–1987 1 sentence 1987The report contained information bearing on the credibility of the victim of the alleged crime and as such could have “created a reasonable doubt as to guilt which would not otherwise have existed_” Williams v. Commonwealth, Ky., 569 S.W.2d 139, 144 (1978).	1	1
Tarrence v. Commonwealthgreen kyctapphigh · 1953 · cited in 1 Kentucky opinions naming this issue, 1964–1964 1 sentence 1964See Tarrence v. Commonwealth, Ky., 265 S.W.2d 40 ; Vance v. Commonwealth, 304 Ky. 686 , 202 S.W.2d 163 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (36)

Case	Cited	Years
Commonwealth v. Whitworth green ky · 2002 1 sentence 2013In Commonwealth v. Whitworth, 74 S.W.3d 695 (Ky.2002), the Court rejected a contention that the waiver of immunity for written contracts in KRS 45A.245(1) includes a waiver of immunity for suing on an oral contract.	1	2013–2013
Sievers v. Flynn green kyctapphigh · 1947 2 sentences 2004The answer to this contention is that the doctrine of merger could not apply because the former owner of the dominant estate did not acquire the servient estate. " (emphasis added)); Sievers v. Flynn, 305 Ky. 325 , 204 S.W.2d 364 (1947) (holding that an easement is not a separate estate when dominant and servient tracts are under the same ownership); City of Franklin v. St. 2004The answer to this contention is that the doctrine of merger could not apply because the former owner of the dominant estate did not acquire the servient estate. " (emphasis added)); Sievers v. Flynn, 305 Ky. 325 , 204 S.W.2d 364 (1947) (holding that an easement is not a separate estate when dominant and servient tracts are under the same ownership); City of Franklin v. St.	1	2004–2004
Maxwell v. McAtee neutral kyctapp · 1848 1 sentence 2004Mary's Roman Catholic Church, 188 Ky. 161, 168 , 221 S.W. 503, 506 (1920) ("It is equally as thoroughly established that, when the owner of an easement acquires the fee-simple title to the land in which he had the easement, the easement is thereby extinguished...."); Rogers v. Flick, 144 Ky. 844 , 139 S.W. 1098, 1099 (1911) (citing 2 Washburn on Real Property, 373) ("[A]n easement is not destroyed or extinguished by the union of the dominant and servient estates, unless the fee in both is acquired and united in the same person. " (emphasis added)); 25 AM.JUR.2D Easements and Licenses § 1 (2004	1	2004–2004
Brewer v. Commonwealth green ky · 1977 1 sentence 1978Ill The final contention of error made by Kotas is that he was not sentenced in accord with the mandate of KRS 532.050 and 533.010 as applied by this court in Brewer v. Commonwealth, Ky., 550 S.W.2d 474 (1977).	1	1978–1978
Bowles v. Commonwealth neutral kyctapphigh · 1949 2 sentences 1967The third and fourth instructions were on reasonable doubt and defined “willfully” and “feloniously.” 106 The four instructions given were proper and were in the approved form. 3 Stanley’s Instructions to Juries, Sections 968 and 969; Bowles v. Commonwealth, 310 Ky. 591 , 221 S.W.2d 459 ; Holt v. Commonwealth, Ky., 259 S.W.2d 463 . 1967The third and fourth instructions were on reasonable doubt and defined “willfully” and “feloniously.” 106 The four instructions given were proper and were in the approved form. 3 Stanley’s Instructions to Juries, Sections 968 and 969; Bowles v. Commonwealth, 310 Ky. 591 , 221 S.W.2d 459 ; Holt v. Commonwealth, Ky., 259 S.W.2d 463 .	1	1967–1967
Mullins v. Bullens green kyctapphigh · 1964 1 sentence 1967It is the view of the majority of this court that as concerns the issue of last clear chance the facts of this case are not distinguishable from those in Mullins v. Bullens, Ky., 383 S.W.2d 130 , where the plaintiff was held entitled to a last clear chance instruction.	1	1967–1967
Bullens v. Mullins neutral kyctapp · 1966 1 sentence 1967Bullens v. Mullins, Ky., 409 S.W.2d 161 .	1	1967–1967
Holt v. Commonwealth green kyctapphigh · 1953 1 sentence 1967The third and fourth instructions were on reasonable doubt and defined “willfully” and “feloniously.” *106 The four instructions given were proper and were in the approved form. 3 Stanley’s Instructions to Juries, Sections 968 and 969; Bowles v. Commonwealth, 310 Ky. 591 , 221 S.W.2d 459 ; Holt v. Commonwealth, Ky., 259 S.W.2d 463 .	1	1967–1967
Lee v. Commonwealth neutral kyctapphigh · 1947 2 sentences 1965Based upon the reasoning of that rule and Lee v. Commonwealth, 305 Ky. 734 , 205 S.W.2d 509 , and cases collated in 6 Ky.Dig. 2, Criminal Law, 1168(2), we are impelled to the conclusion that there is no merit in this contention of error. 1965Based upon the reasoning of that rule and Lee v. Commonwealth, 305 Ky. 734 , 205 S.W.2d 509 , and cases collated in 6 Ky.Dig. 2, Criminal Law, 1168(2), we are impelled to the conclusion that there is no merit in this contention of error.	1	1965–1965
Vance v. Commonwealth green kyctapphigh · 1947 2 sentences 1964See Tarrence v. Commonwealth, Ky., 265 S.W.2d 40 ; Vance v. Commonwealth, 304 Ky. 686 , 202 S.W.2d 163 . 1964See Tarrence v. Commonwealth, Ky., 265 S.W.2d 40 ; Vance v. Commonwealth, 304 Ky. 686 , 202 S.W.2d 163 .	1	1964–1964
United States v. Donald Kenneth Currens green ca3 · 1961 2 sentences 1963Section 4.01 of the Model Penal Code approved by the American Law Institute in 1962 proposes the following definition: "(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality * * * of his conduct or to conform his conduct to the requirements of the law. "(2) As used in this Article, the terms `mental disease or defect' do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct." In United States v. Currens, CA 3, 290 F.2 1963Section 4.01 of the Model Penal Code approved by the American Law Institute in 1962 proposes the following definition: “(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality * * * of his conduct or to conform his conduct to the requirements of the law. “(2) As used in this Article, the terms ‘mental disease or defect’ do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.” In United States v. Currens, CA 3, 290 F.2	1	1963–1963
Thompson v. Commonwealth neutral kyctapp · 1913 2 sentences 1963To illustrate, in Thompson v. Com., 1913, 155 Ky. 333 , 159 S.W. 829 , this court itself seems to have misconstrued the M'Naghten rule when it rejected the contention that the instruction should be extended so as to submit "the question of whether the defendant knew right from wrong with reference to the particular offense charged * * ." (Emphasis added.) It may be that the case was argued from the viewpoint that "right and wrong" should be defined in a moral rather than a legal sense, and in this respect the court did follow the orthodox construction of M'Naghten to the effect that the defen 1963To illustrate, in Thompson v. Com., 1913, 155 Ky. 333 , 159 S.W. 829 , this court itself seems to have misconstrued the M'Naghten rule when it rejected the contention that the instruction should be extended so as to submit "the question of whether the defendant knew right from wrong with reference to the particular offense charged * *." (Emphasis added.) It may be that the case was argued from the viewpoint that "right and wrong" should be defined in a moral rather than a legal sense, and in this respect the court did follow the orthodox construction of M'Naghten to the effect that the defen	1	1963–1963
Mink v. Commonwealth green kyctapphigh · 1929 2 sentences 1944In Mink v. Commonwealth, 228 Ky. 674 , 15 S. W. 2d 463 , we held that the usual instruction on reasonable doubt was sufficient and that an instruction of this character is not required. 1944In Mink v. Commonwealth, 228 Ky. 674 , 15 S. W. 2d 463 , we held that the usual instruction on reasonable doubt was sufficient and that an instruction of this character is not required.	1	1944–1944
E. L. Martin & Co. v. Davis' Administator green kyctapphigh · 1928 2 sentences 1944Martin & Co. v. Davis’ Adm’r, 226 Ky. 722 , 11 S. W. (2d) 912 . . 1944Martin & Co. v. Davis’ Adm’r, 226 Ky. 722 , 11 S. W. (2d) 912 . .	1	1944–1944
Schrodt's v. Schrodt green kyctapp · 1920 2 sentences 1941Upon this amended pleading the matter was submitted to the chancellor, who rendered a judgment following the one which had been rendered on the first trial, omitting the former provision that appellant should be required to execute a new lease to Carran, and it is from this judgment reversal is sought on motion for appeal. 112 In allowing the pleadings to be filed, the chancellor ■followed certain language in the case of Schrodt’s Ex’r v. Schrodt, 189 Ky. 457 , 225 S. W. 151, 154 , quoting: “If a new trial is granted in the lower court to the unsuccessful party there, or he obtains a reversal 1941Upon this amended pleading the matter was submitted to the chancellor, who rendered a judgment following the one which had been rendered on the first trial, omitting the former provision that appellant should be required to execute a new lease to Carran, and it is from this judgment reversal is sought on motion for appeal. 112 In allowing the pleadings to be filed, the chancellor ■followed certain language in the case of Schrodt’s Ex’r v. Schrodt, 189 Ky. 457 , 225 S. W. 151, 154 , quoting: “If a new trial is granted in the lower court to the unsuccessful party there, or he obtains a reversal	1	1941–1941
Hembree v. Commonwealth neutral kyctapphigh · 1925 2 sentences 1937Counsel relies on Hembree v. Com., 210 Ky. 333 , 275 S. W. 812 ; Traughber v. Com., 198 Ky. 596 , 249 S. W. 770 ; Dukes v. Com., 196 Ky. 60 , 244 S. W. 74 ; Waters v. Com., 221 Ky. 433 , 298 S. W. 1078 ; Le Moyne et al. v. Meadors, 156 Ky. 832 , 162 S. W. 526 , as authority for the contention of waiver. 1937Counsel relies on Hembree v. Com., 210 Ky. 333 , 275 S. W. 812 ; Traughber v. Com., 198 Ky. 596 , 249 S. W. 770 ; Dukes v. Com., 196 Ky. 60 , 244 S. W. 74 ; Waters v. Com., 221 Ky. 433 , 298 S. W. 1078 ; Le Moyne et al. v. Meadors, 156 Ky. 832 , 162 S. W. 526 , as authority for the contention of waiver.	1	1937–1937
Waters v. Commonwealth neutral kyctapphigh · 1927 2 sentences 1937Counsel relies on Hembree v. Com., 210 Ky. 333 , 275 S. W. 812 ; Traughber v. Com., 198 Ky. 596 , 249 S. W. 770 ; Dukes v. Com., 196 Ky. 60 , 244 S. W. 74 ; Waters v. Com., 221 Ky. 433 , 298 S. W. 1078 ; Le Moyne et al. v. Meadors, 156 Ky. 832 , 162 S. W. 526 , as authority for the contention of waiver. 1937Counsel relies on Hembree v. Com., 210 Ky. 333 , 275 S. W. 812 ; Traughber v. Com., 198 Ky. 596 , 249 S. W. 770 ; Dukes v. Com., 196 Ky. 60 , 244 S. W. 74 ; Waters v. Com., 221 Ky. 433 , 298 S. W. 1078 ; Le Moyne et al. v. Meadors, 156 Ky. 832 , 162 S. W. 526 , as authority for the contention of waiver.	1	1937–1937
Cornelison v. Commonwealth green kyctapp · 1886 2 sentences 1937Counsel relies on Mounts v. Com., 89 Ky. 274, 275 , 12 S. W. 311 , 11 Ky Law Rep. 474; Cornelison v. Com., 84 Ky. 583 , 2 S. W. 235 , 8 Ky. 580 Law Rep. 793; Williams v. Com., 80 S. W. 173 , 25 Ky. Law Rep. 2041 . 1937Counsel relies on Mounts v. Com., 89 Ky. 274, 275 , 12 S. W. 311 , 11 Ky Law Rep. 474; Cornelison v. Com., 84 Ky. 583 , 2 S. W. 235 , 8 Ky. 580 Law Rep. 793; Williams v. Com., 80 S. W. 173 , 25 Ky. Law Rep. 2041 .	1	1937–1937
Mounts v. Commonwealth neutral kyctapp · 1889 2 sentences 1937Counsel relies on Mounts v. Com., 89 Ky. 274, 275 , 12 S. W. 311 , 11 Ky Law Rep. 474; Cornelison v. Com., 84 Ky. 583 , 2 S. W. 235 , 8 Ky. 580 Law Rep. 793; Williams v. Com., 80 S. W. 173 , 25 Ky. Law Rep. 2041 . 1937Counsel relies on Mounts v. Com., 89 Ky. 274, 275 , 12 S. W. 311 , 11 Ky Law Rep. 474; Cornelison v. Com., 84 Ky. 583 , 2 S. W. 235 , 8 Ky. 580 Law Rep. 793; Williams v. Com., 80 S. W. 173 , 25 Ky. Law Rep. 2041 .	1	1937–1937
Le Moyne v. Meadors neutral kyctapp · 1914 2 sentences 1937Counsel relies on Hembree v. Com., 210 Ky. 333 , 275 S. W. 812 ; Traughber v. Com., 198 Ky. 596 , 249 S. W. 770 ; Dukes v. Com., 196 Ky. 60 , 244 S. W. 74 ; Waters v. Com., 221 Ky. 433 , 298 S. W. 1078 ; Le Moyne et al. v. Meadors, 156 Ky. 832 , 162 S. W. 526 , as authority for the contention of waiver. 1937Counsel relies on Hembree v. Com., 210 Ky. 333 , 275 S. W. 812 ; Traughber v. Com., 198 Ky. 596 , 249 S. W. 770 ; Dukes v. Com., 196 Ky. 60 , 244 S. W. 74 ; Waters v. Com., 221 Ky. 433 , 298 S. W. 1078 ; Le Moyne et al. v. Meadors, 156 Ky. 832 , 162 S. W. 526 , as authority for the contention of waiver.	1	1937–1937
Elrod v. Commonwealth green kyctapp · 1922 1 sentence 1937Counsel relies on Hembree v. Com., 210 Ky. 333 , 275 S. W. 812 ; Traughber v. Com., 198 Ky. 596 , 249 S. W. 770 ; Dukes v. Com., 196 Ky. 60 , 244 S. W. 74 ; Waters v. Com., 221 Ky. 433 , 298 S. W. 1078 ; Le Moyne et al. v. Meadors, 156 Ky. 832 , 162 S. W. 526 , as authority for the contention of waiver.	1	1937–1937
Dukes v. Commonwealth neutral kyctapp · 1922	1	1937–1937
Traughber v. Commonwealth neutral kyctapp · 1923 2 sentences 1937Counsel relies on Hembree v. Com., 210 Ky. 333 , 275 S. W. 812 ; Traughber v. Com., 198 Ky. 596 , 249 S. W. 770 ; Dukes v. Com., 196 Ky. 60 , 244 S. W. 74 ; Waters v. Com., 221 Ky. 433 , 298 S. W. 1078 ; Le Moyne et al. v. Meadors, 156 Ky. 832 , 162 S. W. 526 , as authority for the contention of waiver. 1937Counsel relies on Hembree v. Com., 210 Ky. 333 , 275 S. W. 812 ; Traughber v. Com., 198 Ky. 596 , 249 S. W. 770 ; Dukes v. Com., 196 Ky. 60 , 244 S. W. 74 ; Waters v. Com., 221 Ky. 433 , 298 S. W. 1078 ; Le Moyne et al. v. Meadors, 156 Ky. 832 , 162 S. W. 526 , as authority for the contention of waiver.	1	1937–1937
Nehi Bottling Company v. Thomas green kyctapphigh · 1930	1	1936–1936
Connolly v. Union Sewer Pipe Co. green scotus · 1902	1	1931–1931
First National Bank v. Hopkinsville neutral · 1908	1	1923–1923
Clark County National Bank v. City of Winchester neutral kyctapp · 1917	1	1923–1923
Lowther v. Moore neutral kyctapp · 1921	1	1923–1923
Sanford v. Roberts neutral kyctapp · 1922	1	1923–1923
County Board of Education v. Hensley neutral kyctapp · 1912	1	1919–1919
Rutherford v. Commonwealth green kyctapp · 1878	1	1917–1917
Farris v. Commonwealth neutral kyctapp · 1878	1	1917–1917
Bush v. Commonwealth neutral kyctapp · 1880	1	1917–1917
Greer v. Commonwealth neutral · 1901	1	1917–1917
Bess v. Commonwealth neutral kyctapp · 1903	1	1917–1917
Bast v. Commonwealth neutral kyctapp · 1907	1	1917–1917

Where else courts name it

NY 382 (1889–2026) CA 237 (1910–2026) IL 125 (1891–2026) TX 105 (1908–2025) MO 96 (1909–2025) GA 78 (1916–2026) FL 50 (1939–2018) MD 42 (1919–2022) AL 42 (1915–2025) LA 38 (1933–2015) PA 38 (1903–2021) CO 35 (1924–2026) IN 34 (1920–2018) OR 32 (1909–2024) NJ 30 (1907–2025) KS 28 (1891–2011) OK 28 (1903–2012) MI 28 (1909–2026) UT 25 (1915–2018) WA 24 (1909–2017) WI 24 (1892–2024) KY 23 (1917–2022) IA 22 (1905–2020) MA 22 (1938–2020) CT 20 (1926–2026) TN 18 (1923–2021) VA 16 (1911–2020) NM 15 (1955–2023) MS 15 (1902–2016) RI 14 (1897–2021) NE 14 (1896–2020) WV 14 (1893–2017) WY 13 (1926–2015) ID 12 (1917–2011) NC 12 (1889–2021) AZ 11 (1931–1997) HI 11 (1897–2023) DC 11 (1971–2024) AR 11 (1916–2014) OH 9 (1965–2018) SC 9 (1921–2017) ME 8 (1969–2025) MT 8 (1919–2011) ND 8 (1910–1988) DE 7 (1935–1992) VT 7 (1909–2021) NV 7 (1937–2022) MN 5 (1906–1998) NH 4 (1992–2019) AK 4 (1893–2013) SD 3 (1905–1928)

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.

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