11 Kentucky opinions name it 3 courts 1933–2021 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.
| Case | Followed | Cited |
|---|---|---|
Asher v. Bishopgreen1 sentence2021We will address each argument, in turn. 6 Kentucky Revised Statutes. -4- It is well established: “A civil action is begun by the filing of a complaint and the issuance of a summons or warning order in good faith, CR 3, and not by the actual service of process.” Asher v. Bishop, 482 S.W.2d 769, 770 (Ky. 1972) (emphasis added). | 1 | 1 |
Halderman v. Sanderson Forklifts Co.green1 sentence2021CR 3 does not require that actual service on the defendant be effectuated within the statute of limitations period.” Halderman v. Sanderson Forklifts Co., Ltd., 818 S.W.2d 270, 272 (Ky. App. 1991) (emphasis added). | 1 | 1 |
Metro Medical Imaging, LLC v. Commonwealthgreen2 sentences2017CR 3.01 provides that "[a] civil action is commenced by the filing of a complaint with the court and the issuance of a summons or warning order thereon in good faith." Similarly, KRS 413.250 provides that "[a civil] action shall be deemed to commence on the date of the first summons or process issued in good faith from the court having jurisdiction of the cause of action." Furthermore, "[i]f the action is commenced by the filing of the petition and the issuance of summons, and only one time period is specified, it must follow that both actions [that is, the filing of the petition or other init 2017The rules that determine when a civil action commences, therefore, determine when an appeal of an administrative action has been taken. •CR 3.01 provides that “[a] civil action is commenced by the filing of a complaint with the court and the issuance of a summons or warning order thereon in good faith.” Similarly, KRS 413.250 provides that “[a civil] action shall be deemed to commence on the date of the first summons or process issued in good faith from the court having jurisdiction of the cause of action.” Furthermore, “[i]f the action is commenced by the filing of the petition and the issuan | 1 | 1 |
Simpson v. Antrobusgreen2 sentences2010CR 3.01. “[T]he statute of limitations runs until a summons is actually issued.” Simpson v. Antrobus, 260 Ky. 641 , 86 S.W.2d 544, 546 (1935). 2010CR 3.01. “[T]he statute of limitations runs until a summons is actually issued.” Simpson v. Antrobus, 260 Ky. 641 , 86 S.W.2d 544, 546 (1935). | 1 | 1 |
Commonwealth, Department of Highways v. Parkergreen1 sentence2004See Commonwealth of Kentucky, Department of Highways v. Parker, Ky., 394 S.W.2d 899 (1965); Roehrig v. Merchants and Businessmen’s Mut. | 1 | 1 |
Shanahan v. Kentucky Bar Ass'ngreen1 sentence2000Jones v. Baptist Healthcare System, Inc., Ky. App., 964 S.W.2d 805, 807 (1997). . 264 Ky. 579 , 95 S.W.2d 253 (1936) (summons was prepared but retained by plaintiff's attorney until after the running of the statute of limitations). . | 1 | 1 |
Crowe v. Millergreen1 sentence1997See also Crowe v. Miller, Ky., 467 S.W.2d 330, 333 (1971); Roehrig v. Merchants And Businessmen’s Mut. | 1 | 1 |
Metts v. City of Frankfortgreen1 sentence1997Relying upon the following language in Metts v. City of Frankfort, Ky.App., 665 S.W.2d 318, 319 (1984), the Cabinet insists that the limitations statutes in KRS Chapter 413 generally are operative only within the sphere of judicial actions: KRS 413.250 provides that an action “shall be deemed to commence on the date of the first summons or process issued in good faith from a court having jurisdiction of the cause of action.” CR 3 states that a civil action “is commenced by the filing of a complaint with the court and the issuance of a summons or warning order thereon in good faith.” Accordingl | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Louisville N. R. Co. v. Little
green
2 sentences2000Jones v. Baptist Healthcare System, Inc., Ky. App., 964 S.W.2d 805, 807 (1997). . 264 Ky. 579 , 95 S.W.2d 253 (1936) (summons was prepared but retained by plaintiff's attorney until after the running of the statute of limitations). . 2000Jones v. Baptist Healthcare System, Inc., Ky. App., 964 S.W.2d 805, 807 (1997). . 264 Ky. 579 , 95 S.W.2d 253 (1936) (summons was prepared but retained by plaintiff's attorney until after the running of the statute of limitations). . | 1 | 2000–2000 |
Hawkins v. Colbert
neutral
2 sentences1973This court has held that the clerk may refuse to file a complaint without payment of the fee, cf. Hawkins v. Colbert, 292 Ky. 84 , 165 S.W.2d 984 (1942), but has never held that he cannot file it or that a filing without payment is ineffective. 1973This court has held that the clerk may refuse to file a complaint without payment of the fee, cf. Hawkins v. Colbert, 292 Ky. 84 , 165 S.W.2d 984 (1942), but has never held that he cannot file it or that a filing without payment is ineffective. | 1 | 1973–1973 |
Wooton v. Begley
green
1 sentence1960Wooton v. Begley, Ky., 305 S.W.2d 270 . | 1 | 1960–1960 |
Case, Davidge v. Colston
neutral
1 sentence1942Case v. Colston, 1 Metc. 145 . | 1 | 1942–1942 |
Howard v. Jones
neutral
2 sentences1933Allen v. Sweeney, 185 Ky. 94 , 213 S. W. 217 ; Howard v. Jones, 147 Ky. 303 , 143 S. W. 1058 . 1933Allen v. Sweeney, 185 Ky. 94 , 213 S. W. 217 ; Howard v. Jones, 147 Ky. 303 , 143 S. W. 1058 . | 1 | 1933–1933 |
Allen v. Sweeney
neutral
2 sentences1933Allen v. Sweeney, 185 Ky. 94 , 213 S. W. 217 ; Howard v. Jones, 147 Ky. 303 , 143 S. W. 1058 . 1933Allen v. Sweeney, 185 Ky. 94 , 213 S. W. 217 ; Howard v. Jones, 147 Ky. 303 , 143 S. W. 1058 . | 1 | 1933–1933 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.