long established rule (Kentucky) · Go Syfert
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long established rule in Kentucky

11 Kentucky opinions name it 3 courts 1917–2025 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 (5)

CaseFollowedCited
Tharp v. Commonwealthgreen
ky · 2000 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025The Kentucky Supreme Court has also recognized the long- established rule that “[t]he degree of an accomplice’s liability was determined by his or her own mens rea and not that of the principal.” Tharp v. Commonwealth, 40 S.W.3d 356, 365 (Ky. 2000) (citing Fuson v. Commonwealth, 199 Ky. 804 , 251 S.W. 995, 997 (1923)).

11
Fuson v. Commonwealthgreen
kyctapp · 1923 · cited in 1 Kentucky opinions naming this issue, 2025–2025
2 sentences

2025The Kentucky Supreme Court has also recognized the long- established rule that “[t]he degree of an accomplice’s liability was determined by his or her own mens rea and not that of the principal.” Tharp v. Commonwealth, 40 S.W.3d 356, 365 (Ky. 2000) (citing Fuson v. Commonwealth, 199 Ky. 804 , 251 S.W. 995, 997 (1923)).

2025The Kentucky Supreme Court has also recognized the long- established rule that “[t]he degree of an accomplice’s liability was determined by his or her own mens rea and not that of the principal.” Tharp v. Commonwealth, 40 S.W.3d 356, 365 (Ky. 2000) (citing Fuson v. Commonwealth, 199 Ky. 804 , 251 S.W. 995, 997 (1923)).

11
Shraberg v. Shraberggreen
ky · 1997 · cited in 1 Kentucky opinions naming this issue, 2006–2006
2 sentences

2006Cf. Shraberg v. Shraberg, 939 S.W.2d 330, 333 (Ky. 1997) (in finding a separation agreement to be unconscionable, the court cited the long established principle that dealings between spouses whereby one spouse obtains the property of another without consideration must be looked upon with suspicion). [9] See, e.g., Ware v. Ware, 748 A.2d 1031, 1047 (Md.

2006Cf. Shraberg v. Shraberg, 939 S.W.2d 330, 333 (Ky.1997) (in finding a separation agreement to be unconscionable, the court cited the long established principle that dealings between spouses whereby one spouse obtains the property of another without consideration must be looked upon with suspicion). .

11
Ware v. Waregreen
mdctspecapp · 2000 · cited in 1 Kentucky opinions naming this issue, 2006–2006
2 sentences

2006Cf. Shraberg v. Shraberg, 939 S.W.2d 330, 333 (Ky. 1997) (in finding a separation agreement to be unconscionable, the court cited the long established principle that dealings between spouses whereby one spouse obtains the property of another without consideration must be looked upon with suspicion). [9] See, e.g., Ware v. Ware, 748 A.2d 1031, 1047 (Md.

2006See, e.g., Ware v. Ware, 131 Md.App. 207 , 748 A.2d 1031, 1047 (2000)(in citing the substantial effect that large income disparities have on the children of a marriage, the court stated ''[tjhere is a child involved, who will undoubtedly go back and forth between the father, who can afford to live in luxury, and the mother, who cannot.") .

11
Martin v. Kentucky Oak Mining Companygreen
kyctapphigh · 1968 · cited in 1 Kentucky opinions naming this issue, 1987–1987
2 sentences

1987However, they do not have the overwhelming force to prevail against the long established rule of our previous cases upon which the property rights have vested.” Id. at 399 (emphasis added).

1987However, they do not have the overwhelming force to prevail against the long established rule of our previous cases upon which the property rights have vested." Id. at 399 (emphasis added). *304 In other words, the principle of stare decisis controls primarily because too many people have property or investment rights which must not be upset or changed.

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 (22)

CaseCitedYears
Harper v. Commonwealth green
ky · 2001
1 sentence

2025In Harper v. Commonwealth, 43 S.W.3d 261 (Ky. 2001), that high Court explained further that: [U]nder subsection (2) of KRS 502.020, an accomplice’s liability and the principal actor’s liability can be at different levels. [Also,] under subsection (2), proof of the principal actor’s mental state is not even necessary.

12025–2025
Blue v. Blue green
kyctapp · 2001
1 sentence

2006App. 2000)(in citing the substantial effect that large income disparities have on the children of a marriage, the court stated "[t]here is a child involved, who will undoubtedly go back and forth between the father, who can afford to live in luxury, and the mother, who cannot.") [10] See Shraberg v. Shraberg, 939 S.W.2d 330, 333 (Ky. 1997) (Unconscionability requires a showing of "fundamental unfairness as determined `after considering the economic circumstances of the parties and any other relevant evidence. . . . "'). [11] See, e.g., Edwardson, 798 S.W.2d 941 ; Gentry, 798 S.W.2d 928 ; Blue,

12006–2006
Duncan v. Duncan green
kyctapp · 1987
1 sentence

2006App. 2000)(in citing the substantial effect that large income disparities have on the children of a marriage, the court stated "[t]here is a child involved, who will undoubtedly go back and forth between the father, who can afford to live in luxury, and the mother, who cannot.") [10] See Shraberg v. Shraberg, 939 S.W.2d 330, 333 (Ky. 1997) (Unconscionability requires a showing of "fundamental unfairness as determined `after considering the economic circumstances of the parties and any other relevant evidence. . . . "'). [11] See, e.g., Edwardson, 798 S.W.2d 941 ; Gentry, 798 S.W.2d 928 ; Blue,

12006–2006
Edwardson v. Edwardson green
ky · 1990
1 sentence

2006App. 2000)(in citing the substantial effect that large income disparities have on the children of a marriage, the court stated "[t]here is a child involved, who will undoubtedly go back and forth between the father, who can afford to live in luxury, and the mother, who cannot.") [10] See Shraberg v. Shraberg, 939 S.W.2d 330, 333 (Ky. 1997) (Unconscionability requires a showing of "fundamental unfairness as determined `after considering the economic circumstances of the parties and any other relevant evidence. . . . "'). [11] See, e.g., Edwardson, 798 S.W.2d 941 ; Gentry, 798 S.W.2d 928 ; Blue,

12006–2006
Gentry v. Gentry green
ky · 1990
1 sentence

2006App. 2000)(in citing the substantial effect that large income disparities have on the children of a marriage, the court stated "[t]here is a child involved, who will undoubtedly go back and forth between the father, who can afford to live in luxury, and the mother, who cannot.") [10] See Shraberg v. Shraberg, 939 S.W.2d 330, 333 (Ky. 1997) (Unconscionability requires a showing of "fundamental unfairness as determined `after considering the economic circumstances of the parties and any other relevant evidence. . . . "'). [11] See, e.g., Edwardson, 798 S.W.2d 941 ; Gentry, 798 S.W.2d 928 ; Blue,

12006–2006
Wiser Oil Company v. Conley green
kyctapphigh · 1960
1 sentence

1987In passing, we note that the Martin Court distinguished Wiser Oil, supra , from Buchanan , for the reason that there was no waiver of damages provision in the oil and gas lease in Wiser .

11987–1987
Shellman v. Independence Life & Accident Insurance Co. neutral
kyctapp · 1975
1 sentence

1978As a matter of fact, this court, as late as 1975 in Shellman v. Independence Life and Accident Insurance Company, Ky., 523 S.W.2d 221 , reasoned that KRS 403.060 required such disposition.

11978–1978
Patton v. Catlettsburg National Bank neutral
kyctapp · 1923
2 sentences

1960“The doctrine of estoppel rests on an act that has misled one who, relying on it, has been put in a position where he will sustain loss or injury.” Patton v. Catlettsburg Nat’l Bank, 200 Ky. 775 , 255 S.W. 690, 694 .

1960“The doctrine of estoppel rests on an act that has misled one who, relying on it, has been put in a position where he will sustain loss or injury.” Patton v. Catlettsburg Nat’l Bank, 200 Ky. 775 , 255 S.W. 690, 694 .

11960–1960
Hook v. Joyce green
kyctapp · 1893
2 sentences

1948Much time is spent in elaborating on the fact that it has been a long established rule of this court zealously to safeguard the sepulcher of the dead, citing Hook, etc., v. Joyce, 94 Ky. 450 , 22 S. W. 651 , 21 L.

1948Much time is spent in elaborating on the fact that it has been a long established rule of this court zealously to safeguard the sepulcher of the dead, citing Hook, etc., v. Joyce, 94 Ky. 450 , 22 S. W. 651 , 21 L.

11948–1948
Dixie Ice Cream Co. v. Ingels neutral
kyctapphigh · 1942
2 sentences

1943We close our opinion with a quotation from Dixie Ice Cream Co. v. Ingels, 291 Ky. 39, 41 , 163 S. W. (2d) 20 , 21: “Were we sitting as a fact finding body, our finding would probably differ from that of the Board, but it is only where there is no substantial evidence having a tendency or fitness to induce conviction that the courts are justified in setting aside awards of the Board.” In view of the long established rule we are compelled to affirm the judgment and award.

1943We close our opinion with a quotation from Dixie Ice Cream Co. v. Ingels, 291 Ky. 39, 41 , 163 S. W. (2d) 20 , 21: “Were we sitting as a fact finding body, our finding would probably differ from that of the Board, but it is only where there is no substantial evidence having a tendency or fitness to induce conviction that the courts are justified in setting aside awards of the Board.” In view of the long established rule we are compelled to affirm the judgment and award.

11943–1943
Wiser v. Shacklett neutral
kyctapphigh · 1925
2 sentences

1939Travis v. Bruce, 172 Ky. 390, 391 , 189 S. W. 939 ; Wiser v. Shacklett, 208 Ky. 317 , 270 S. W. 754 ; Rains v. L. & N. Railroad Company, 254 Ky. 794 , 72 S. W. (2d) 482 .

1939Travis v. Bruce, 172 Ky. 390, 391 , 189 S. W. 939 ; Wiser v. Shacklett, 208 Ky. 317 , 270 S. W. 754 ; Rains v. L. & N. Railroad Company, 254 Ky. 794 , 72 S. W. (2d) 482 .

11939–1939
Rains v. Louisville N R. Co. green
kyctapphigh · 1934
2 sentences

1939Travis v. Bruce, 172 Ky. 390, 391 , 189 S. W. 939 ; Wiser v. Shacklett, 208 Ky. 317 , 270 S. W. 754 ; Rains v. L. & N. Railroad Company, 254 Ky. 794 , 72 S. W. (2d) 482 .

1939Travis v. Bruce, 172 Ky. 390, 391 , 189 S. W. 939 ; Wiser v. Shacklett, 208 Ky. 317 , 270 S. W. 754 ; Rains v. L. & N. Railroad Company, 254 Ky. 794 , 72 S. W. (2d) 482 .

11939–1939
Travis v. Bruce green
kyctapp · 1916
2 sentences

1939Travis v. Bruce, 172 Ky. 390, 391 , 189 S. W. 939 ; Wiser v. Shacklett, 208 Ky. 317 , 270 S. W. 754 ; Rains v. L. & N. Railroad Company, 254 Ky. 794 , 72 S. W. (2d) 482 .

1939Travis v. Bruce, 172 Ky. 390, 391 , 189 S. W. 939 ; Wiser v. Shacklett, 208 Ky. 317 , 270 S. W. 754 ; Rains v. L. & N. Railroad Company, 254 Ky. 794 , 72 S. W. (2d) 482 .

11939–1939
Rawlings & Spivey v. Commonwealth green
kyctapp · 1921
1 sentence

1922Criminal Code.,, section 36; Commonwealth v. Riley, 192 Ky. 152 ; Rawley and Spivey v. Commonwealth, 191 Ky. 401 .

11922–1922
Thomas v. Bertram neutral
kyctapp · 1868
1 sentence

1918See Muir v. Cox,, 110 Ky. 564 ; Mitchell v. Pratt, 177 Ky. 438 ; Henry v. Koch, 80 Ky. 391 ; Lebus v. Boston, 107 Ky. 98 ; Irvin v. McReary, 108 Ky. 495 ; O’Daniel v. Baxter, 112 Ky. 331 ; Stone v. Burkhead, 160 Ky. 47 ; Thomas v. Bertram, 4 Bush 317 .

11918–1918
Henry v. Koch green
kyctapp · 1882
1 sentence

1918See Muir v. Cox,, 110 Ky. 564 ; Mitchell v. Pratt, 177 Ky. 438 ; Henry v. Koch, 80 Ky. 391 ; Lebus v. Boston, 107 Ky. 98 ; Irvin v. McReary, 108 Ky. 495 ; O’Daniel v. Baxter, 112 Ky. 331 ; Stone v. Burkhead, 160 Ky. 47 ; Thomas v. Bertram, 4 Bush 317 .

11918–1918
Lebus v. Boston neutral
kyctapp · 1899
1 sentence

1918See Muir v. Cox,, 110 Ky. 564 ; Mitchell v. Pratt, 177 Ky. 438 ; Henry v. Koch, 80 Ky. 391 ; Lebus v. Boston, 107 Ky. 98 ; Irvin v. McReary, 108 Ky. 495 ; O’Daniel v. Baxter, 112 Ky. 331 ; Stone v. Burkhead, 160 Ky. 47 ; Thomas v. Bertram, 4 Bush 317 .

11918–1918
Irvine v. McCreary green
kyctapp · 1900
1 sentence

1918See Muir v. Cox,, 110 Ky. 564 ; Mitchell v. Pratt, 177 Ky. 438 ; Henry v. Koch, 80 Ky. 391 ; Lebus v. Boston, 107 Ky. 98 ; Irvin v. McReary, 108 Ky. 495 ; O’Daniel v. Baxter, 112 Ky. 331 ; Stone v. Burkhead, 160 Ky. 47 ; Thomas v. Bertram, 4 Bush 317 .

11918–1918
Stone v. Burkhead green
kyctapp · 1914
1 sentence

1918See Muir v. Cox,, 110 Ky. 564 ; Mitchell v. Pratt, 177 Ky. 438 ; Henry v. Koch, 80 Ky. 391 ; Lebus v. Boston, 107 Ky. 98 ; Irvin v. McReary, 108 Ky. 495 ; O’Daniel v. Baxter, 112 Ky. 331 ; Stone v. Burkhead, 160 Ky. 47 ; Thomas v. Bertram, 4 Bush 317 .

11918–1918
Mitchell v. Pratt green
kyctapp · 1917
1 sentence

1918See Muir v. Cox,, 110 Ky. 564 ; Mitchell v. Pratt, 177 Ky. 438 ; Henry v. Koch, 80 Ky. 391 ; Lebus v. Boston, 107 Ky. 98 ; Irvin v. McReary, 108 Ky. 495 ; O’Daniel v. Baxter, 112 Ky. 331 ; Stone v. Burkhead, 160 Ky. 47 ; Thomas v. Bertram, 4 Bush 317 .

11918–1918
Dupoyster v. Ft. Jefferson Imp. Co.'s Receiver neutral
kyctapp · 1905
1 sentence

1917Dupoyster v. Fort Jefferson Improvement Co., 121 Ky. 518 ; Shannon v. Stratton & Terstegge, 144 Ky. 26 , 137 S. W. 850 .

11917–1917
Shannon v. Stratton & Terstegge neutral
kyctapp · 1911
2 sentences

1917Dupoyster v. Fort Jefferson Improvement Co., 121 Ky. 518 ; Shannon v. Stratton & Terstegge, 144 Ky. 26 , 137 S. W. 850 .

1917Dupoyster v. Fort Jefferson Improvement Co., 121 Ky. 518 ; Shannon v. Stratton & Terstegge, 144 Ky. 26 , 137 S. W. 850 .

11917–1917

Where else courts name it

CA 92 (1932–2025) PA 62 (1894–2020) IL 57 (1896–2025) TX 47 (1908–2017) MO 32 (1898–2024) FL 32 (1903–2023) NJ 23 (1952–2024) MA 23 (1913–2014) AR 21 (1920–1994) OK 21 (1896–2013) KS 20 (1941–2026) NY 20 (1853–2016) MD 19 (1967–2014) AL 18 (1925–1988) ID 17 (1965–2023) IN 16 (1883–2006) VA 16 (1898–2022) CT 15 (1986–2018) TN 15 (1963–2013) MS 15 (1955–2020) NC 13 (1938–2018) WA 12 (1930–2020) KY 11 (1917–2025) AZ 11 (1960–2022) LA 11 (1882–2005) OH 11 (1871–2022) GA 10 (1957–2005) ME 10 (1848–2015) WV 9 (1923–2001) MI 8 (1945–2023) NM 7 (1929–2001) CO 7 (1896–1987) VT 6 (1851–2024) WI 6 (1923–2020) UT 6 (1945–2001) NH 6 (1935–1981) MT 6 (1954–1995) DE 5 (1980–2015) IA 5 (1858–2013) NE 4 (1941–1982) HI 4 (1956–2018) DC 4 (1979–1990) NV 4 (1941–1970) SD 3 (1934–2001) SC 3 (1962–2013) MN 3 (1969–2025) WY 2 (1955–2007) ND 2 (1954–1963)

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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