reaffirmed principle (Kentucky) · Go Syfert
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reaffirmed principle in Kentucky

14 Kentucky opinions name it 3 courts 1931–2022 2 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 (7)

CaseFollowedCited
Abel v. Austingreen
ky · 2013 · cited in 3 Kentucky opinions naming this issue, 2017–2022
2 sentences

2022This Court reaffirmed that principle in 2013 with Abel v. Austin when we stated, “where there is both a specific statute and a general statute seemingly applicable to the same subject [the rule] is that the specific statute controls.” Abel v. Austin, 411 S.W.3d 728, 738 (Ky. 2013) (citing Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354, 361 (Ky. 2005)) (quoting Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814, 819 (Ky. 1992)).

2017This Court reaffirmed that principle in 2013 with Abel v. Austin when we stated, “where there is both a specific statute and a general statute seemingly applicable to &e same subject [the rule] is that the specific statute controls.” Abel v. Austin, 411 S.W.3d 728, 738 (Ky. 2013) (citing Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354, 361 (Ky. 2005)) (quoting Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814, 819 (Ky. 1992)).

33
Parts Depot, Inc. v. Beiswengergreen
ky · 2005 · cited in 3 Kentucky opinions naming this issue, 2017–2022
2 sentences

2022This Court reaffirmed that principle in 2013 with Abel v. Austin when we stated, “where there is both a specific statute and a general statute seemingly applicable to the same subject [the rule] is that the specific statute controls.” Abel v. Austin, 411 S.W.3d 728, 738 (Ky. 2013) (citing Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354, 361 (Ky. 2005)) (quoting Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814, 819 (Ky. 1992)).

2017This Court reaffirmed that principle in 2013 with Abel v. Austin when we stated, “where there is both a specific statute and a general statute seemingly applicable to &e same subject [the rule] is that the specific statute controls.” Abel v. Austin, 411 S.W.3d 728, 738 (Ky. 2013) (citing Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354, 361 (Ky. 2005)) (quoting Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814, 819 (Ky. 1992)).

33
Bowling v. Kentucky Department of Correctionsgreen
ky · 2010 · cited in 3 Kentucky opinions naming this issue, 2017–2022
2 sentences

2022Further, “where an apparent conflict in statutes exists, the later statute is given effect over an earlier statute.” Bowling v. Kentucky Dep’t of Corr., 301 S.W.3d 478, 491 (Ky. 2009) (quoting Troxell v. Trammell, 730 S.W.2d 525, 528 (Ky. 1987)). 12 (2) A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought before whichever of the following periods last expires: (a) Within ten (10) years of the commission of the act or the last of a series of acts by the same perpetrator; (b) Within ten (10) years of the date the

2017Further, "where an apparent conflict in statutes exists, the later statute is given effect over an earlier statute.” Bowling v. Kentucky Dep't of Corr., 301 S.W.3d 478, 491 (Ky. 2009) (quoting Troxell v. Trammell, 730 S.W.2d 525, 528 (Ky. 1987)).

33
Meyers v. Chapman Printing Co., Inc.green
ky · 1992 · cited in 3 Kentucky opinions naming this issue, 2017–2022
2 sentences

2022This Court reaffirmed that principle in 2013 with Abel v. Austin when we stated, “where there is both a specific statute and a general statute seemingly applicable to the same subject [the rule] is that the specific statute controls.” Abel v. Austin, 411 S.W.3d 728, 738 (Ky. 2013) (citing Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354, 361 (Ky. 2005)) (quoting Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814, 819 (Ky. 1992)).

2017This Court reaffirmed that principle in 2013 with Abel v. Austin when we stated, “where there is both a specific statute and a general statute seemingly applicable to &e same subject [the rule] is that the specific statute controls.” Abel v. Austin, 411 S.W.3d 728, 738 (Ky. 2013) (citing Parts Depot, Inc. v. Beiswenger, 170 S.W.3d 354, 361 (Ky. 2005)) (quoting Meyers v. Chapman Printing Co., Inc., 840 S.W.2d 814, 819 (Ky. 1992)).

33
Troxell v. Trammellgreen
ky · 1987 · cited in 3 Kentucky opinions naming this issue, 2017–2022
2 sentences

2022Further, “where an apparent conflict in statutes exists, the later statute is given effect over an earlier statute.” Bowling v. Kentucky Dep’t of Corr., 301 S.W.3d 478, 491 (Ky. 2009) (quoting Troxell v. Trammell, 730 S.W.2d 525, 528 (Ky. 1987)). 12 (2) A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought before whichever of the following periods last expires: (a) Within ten (10) years of the commission of the act or the last of a series of acts by the same perpetrator; (b) Within ten (10) years of the date the

2017Further, "where an apparent conflict in statutes exists, the later statute is given effect over an earlier statute.” Bowling v. Kentucky Dep't of Corr., 301 S.W.3d 478, 491 (Ky. 2009) (quoting Troxell v. Trammell, 730 S.W.2d 525, 528 (Ky. 1987)).

33
Dunlap v. Commonwealthgreen
ky · 2013 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021Thomas v. Commonwealth, 605 S.W.3d 545 , 559 (Ky. 2020); Dunlap v. Commonwealth, 435 S.W.3d 537, 587 (Ky. 2013).

11
Stewart v. Siddensgreen
kyctapp · 1984 · cited in 1 Kentucky opinions naming this issue, 1992–1992
1 sentence

1992This Court reaffirmed this principle in Stewart v. Siddens, Ky.App., 687 S.W.2d 536, 539 (1984), stating that a person is estopped from questioning the existence or effect of a contract when he has asserted its existence to his benefit or the other party’s detriment.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

CaseCitedYears
Brewster v. Colgate-Palmolive Co. green
ky · 2009
1 sentence

2018Instead, the jury heard Auslander testify that. 8 In Brewster v. Colgate-Palmolive Co., this Court reaffirmed the rule stated in Owens concerning the duty owed by landowners to independent contractors. 279 S.W.3d 142 , 143 n.l, 144 (Ky. 2009). 16 although the portion of the roof at issue was not designed to be weight-bearing, he did not think he “would ever mistake that for a roof.” In addition, when asked whether she believed the roof was dangerous or misleading, the LLC’s expert engineer explained that “It’s an arbor.

12018–2018
Iroquois Post No. 229, American Legion, Department of Kentucky v. City of Louisville green
kyctapp · 1958
2 sentences

2012Consistent with Bernheim, in Banahan this Court reaffirmed that the test for determining whether a "charity" is entitled to such an exemption was still the test as announced in Iroquois Post: "First, the institution must itself be a charity and the income from its property must be used to further its charitable purpose; secondly, the property must be employed for a purely charitable purpose." Banahan, 553 S.W.2d at 51 (quoting Iroquois Post, 309 S.W.2d at 354 ).

2012Consistent with Bemheim, in Banahan this Court reaffirmed that the test for determining whether a “charity” is entitled to such an exemption was still the test as announced in Iroquois Post: “First, the institution must itself be a charity and the income from its property must be used to further its charitable purpose; secondly, the property must be employed for a purely charitable purpose.” Banahan, 553 S.W.2d at 51 (quoting Iroquois Post, 309 S.W.2d at 354 ).

12012–2012
Ladd v. Ladd green
kyctapp · 2010
1 sentence

2012More recently, in Ladd v. Ladd, 323 S.W.3d 772 (Ky.App.2010), this Court reaffirmed the rule expressed in Dravo .

12012–2012
Banahan v. Presbyterian Housing Corp. green
ky · 1977
2 sentences

2012Consistent with Bernheim, in Banahan this Court reaffirmed that the test for determining whether a "charity" is entitled to such an exemption was still the test as announced in Iroquois Post: "First, the institution must itself be a charity and the income from its property must be used to further its charitable purpose; secondly, the property must be employed for a purely charitable purpose." Banahan, 553 S.W.2d at 51 (quoting Iroquois Post, 309 S.W.2d at 354 ).

2012Consistent with Bemheim, in Banahan this Court reaffirmed that the test for determining whether a “charity” is entitled to such an exemption was still the test as announced in Iroquois Post: “First, the institution must itself be a charity and the income from its property must be used to further its charitable purpose; secondly, the property must be employed for a purely charitable purpose.” Banahan, 553 S.W.2d at 51 (quoting Iroquois Post, 309 S.W.2d at 354 ).

12012–2012
Alcan Foil Products v. Huff green
ky · 1999
2 sentences

2006In Alcan Foil Products v. Huff, supra, this court reaffirmed the principle of Randall v. Pendland, 770 S.W.2d 687 (Ky. App.1988), that a rule of discovery triggers the notice and limitations requirements in gradual injury claims.

2006In Alcan Foil Products v. Huff, supra , this court reaffirmed the principle of Randall v. Pendland, 770 S.W.2d 687 (Ky. App.1988), that a rule of discovery triggers the notice and limitations requirements in gradual injury claims.

12006–2006
Hill v. Sextet Mining Corp. green
ky · 2001
2 sentences

2006Moreover, in Hill v. Sextet Mining Corp., 65 S.W.3d 503 (Ky.2001); Brown-Forman Corp. v. Upchurch, 127 S.W.3d 615 (Ky.2004); and American Printing House for the Blind v. Brown, 142 S.W.3d 145 (Ky.2004), it reaffirmed that principle and also determined that a worker is not required to self-diagnose the cause of a disabling condition.

2006Moreover, in Hill v. Sextet Mining Corp., 65 S.W.3d 503 (Ky.2001); Brown-Forman Corp. v. Upchurch, 127 S.W.3d 615 (Ky.2004); and American Printing House for the Blind v. Brown, 142 S.W.3d 145 (Ky.2004), it reaffirmed that principle and also determined that a worker is not required to self-diagnose the cause of a disabling condition.

12006–2006
American Printing House for the Blind v. Brown green
ky · 2004
2 sentences

2006Moreover, in Hill v. Sextet Mining Corp., 65 S.W.3d 503 (Ky.2001); Brown-Forman Corp. v. Upchurch, 127 S.W.3d 615 (Ky.2004); and American Printing House for the Blind v. Brown, 142 S.W.3d 145 (Ky.2004), it reaffirmed that principle and also determined that a worker is not required to self-diagnose the cause of a disabling condition.

2006Moreover, in Hill v. Sextet Mining Corp., 65 S.W.3d 503 (Ky.2001); Brown-Forman Corp. v. Upchurch, 127 S.W.3d 615 (Ky.2004); and American Printing House for the Blind v. Brown, 142 S.W.3d 145 (Ky.2004), it reaffirmed that principle and also determined that a worker is not required to self-diagnose the cause of a disabling condition.

12006–2006
Brown-Forman Corp. v. Upchurch green
ky · 2004
2 sentences

2006Moreover, in Hill v. Sextet Mining Corp., 65 S.W.3d 503 (Ky.2001); Brown-Forman Corp. v. Upchurch, 127 S.W.3d 615 (Ky.2004); and American Printing House for the Blind v. Brown, 142 S.W.3d 145 (Ky.2004), it reaffirmed that principle and also determined that a worker is not required to self-diagnose the cause of a disabling condition.

2006Moreover, in Hill v. Sextet Mining Corp., 65 S.W.3d 503 (Ky.2001); Brown-Forman Corp. v. Upchurch, 127 S.W.3d 615 (Ky.2004); and American Printing House for the Blind v. Brown, 142 S.W.3d 145 (Ky.2004), it reaffirmed that principle and also determined that a worker is not required to self-diagnose the cause of a disabling condition.

12006–2006
Randall Co. v. Pendland green
kyctapp · 1989
2 sentences

2006In Alcan Foil Products v. Huff, supra, this court reaffirmed the principle of Randall v. Pendland, 770 S.W.2d 687 (Ky. App.1988), that a rule of discovery triggers the notice and limitations requirements in gradual injury claims.

2006In Alcan Foil Products v. Huff, supra , this court reaffirmed the principle of Randall v. Pendland, 770 S.W.2d 687 (Ky. App.1988), that a rule of discovery triggers the notice and limitations requirements in gradual injury claims.

12006–2006
Howard v. Commonwealth green
ky · 1989
1 sentence

1998In Graham , this Court reaffirmed the waiver logic of Howard v. Commonwealth, Ky., 777 S.W.2d 888 (1989), in which the failure to challenge the validity of a prior conviction upon conviction as a P.F.O.

11998–1998
City of Louisville v. Helman green
kyctapphigh · 1952
1 sentence

1977O’Bryant v. Theobald, Ky., 421 S.W.2d 571 (1967); City of Louisville v. Helman, Ky., 253 S.W.2d 598 (1952).

11977–1977
O'Bryant v. Theobald neutral
kyctapp · 1967
1 sentence

1977O’Bryant v. Theobald, Ky., 421 S.W.2d 571 (1967); City of Louisville v. Helman, Ky., 253 S.W.2d 598 (1952).

11977–1977
United States v. Bobby G. Seale green
ca7 · 1972
1 sentence

1973In United States v. Seale, U.S. Court of Appeals, 7th Circuit, 461 F.2d 345 (1972), the court reaffirmed the rule that the 6th Amendment right to trial by jury applied to serious criminal contempts and that in determining whether or not such contempt was “serious” the courts were required to look at the penalty actually imposed.

11973–1973
Knott County v. Michael neutral
kyctapphigh · 1936
2 sentences

1937In the more recent case of Knott County v. Michael, 264 Ky. 36 , 94 S. W. (2d) 44 , the court reaffirmed the rule laid down in Breckinridge County v. Bhodes, supra. We therefore conclude that the county attorney had authority to prosecute the appeal, without being ordered to do so by either the fiscal court or the county court.

1937In the more recent case of Knott County v. Michael, 264 Ky. 36 , 94 S. W. (2d) 44 , the court reaffirmed the rule laid down in Breckinridge County v. Bhodes, supra. We therefore conclude that the county attorney had authority to prosecute the appeal, without being ordered to do so by either the fiscal court or the county court.

11937–1937
Miller v. Harrell green
kyctapp · 1917
2 sentences

1931All that was held in Miller v. Harrell, 175 Ky. 578 , 194 S. W. 782 , was that the destruction at a distance from testator of his will by another, at his direction, when ratified by him, is not equivalent to his act, or in' his constructive presence within Kentucky Statutes, sec. 4833, authorizing a revo *86 cation of will by testator or some person in Ms presence and by Ms direction destroying it with intent to revoke.

1931All that was held in Miller v. Harrell, 175 Ky. 578 , 194 S. W. 782 , was that the destruction at a distance from testator of his will by another, at his direction, when ratified by him, is not equivalent to his act, or in' his constructive presence within Kentucky Statutes, sec. 4833, authorizing a revo *86 cation of will by testator or some person in Ms presence and by Ms direction destroying it with intent to revoke.

11931–1931

Where else courts name it

CA 49 (1924–2023) IL 45 (1911–2021) TX 45 (1928–2023) PA 35 (1953–2025) AL 27 (1891–2025) NJ 24 (1938–2021) FL 24 (1940–2018) NY 23 (1876–2016) OH 22 (1954–2026) MS 19 (1932–2026) NC 17 (1930–2022) MD 17 (1911–2019) OK 16 (1905–2007) OR 15 (1967–2022) CT 14 (1983–2011) KY 14 (1931–2022) AR 13 (1845–2004) IN 13 (1939–2020) WI 12 (1948–2010) VA 12 (1936–2019) MI 11 (1915–2020) LA 11 (1924–2025) TN 11 (1930–2010) NE 11 (1946–1997) MO 11 (1887–2020) AZ 10 (1937–2025) WA 10 (1910–2022) SC 9 (1913–2023) KS 9 (1991–2013) MT 8 (1952–2009) DC 8 (1893–2021) MA 7 (1975–2015) NM 7 (1896–1998) UT 7 (1933–2023) HI 7 (1983–2015) ID 6 (1966–2015) GA 6 (1925–1986) CO 6 (1972–2010) WV 5 (1993–2016) MN 5 (1943–1987) RI 5 (1983–2009) WY 4 (1976–2018) NV 4 (1953–2024) ME 3 (1944–1976) IA 3 (1929–1935) DE 3 (1985–2022) SD 3 (1910–1991) ND 2 (1903–1942) NH 2 (1972–1991)

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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