invariable rule (Kentucky) · Go Syfert
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invariable rule in Kentucky

10 Kentucky opinions name it 2 courts 1921–1969 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.

Followed or applied (1)

CaseFollowedCited
Briggs v. Wilson & Muirgreen
kyctapp · 1924 · cited in 1 Kentucky opinions naming this issue, 1969–1969
2 sentences

1969Much depends on the bidder himself, and if his financial and moral standing are such as to make it highly improbable that any one will go on his bond, the commissioner is not required to hazard the rights of others by giving the bidder time to look up a bondsman.” Briggs v. Muir, Wilson & Muir, 204 Ky. 135 , 263 S.W. 740, 742 (1924).

1969Much depends on the bidder himself, and if his financial and moral standing are such as to make it highly improbable that any one will go on his bond, the commissioner is not required to hazard the rights of others by giving the bidder time to look up a bondsman.” Briggs v. Muir, Wilson & Muir, 204 Ky. 135 , 263 S.W. 740, 742 (1924).

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 (13)

CaseCitedYears
Taylor v. Trosper neutral
kyctapphigh · 1938
2 sentences

1951Taylor v. Trosper, 275 Ky. 259 , 121 S.W.2d 41 ; Horton v. Horton, 287 Ky. 586 , 154 S.W.2d 550 .

1951Taylor v. Trosper, 275 Ky. 259 , 121 S.W.2d 41 ; Horton v. Horton, 287 Ky. 586 , 154 S.W.2d 550 .

21944–1951
Horton v. Horton neutral
kyctapphigh · 1941
2 sentences

1951Taylor v. Trosper, 275 Ky. 259 , 121 S.W.2d 41 ; Horton v. Horton, 287 Ky. 586 , 154 S.W.2d 550 .

1951Taylor v. Trosper, 275 Ky. 259 , 121 S.W.2d 41 ; Horton v. Horton, 287 Ky. 586 , 154 S.W.2d 550 .

21944–1951
Oliver v. Noe neutral
kyctapphigh · 1930
2 sentences

1943Counsel for appellee in support of insistence that the court should follow the finding of the chancellor, *408 quotes from Oliver v. Noe, 232 Ky. 809 , 24 S. W. (2d) 592, 595 , as follows: “It is the invariable rule of this court not to reverse a judgment of the chancellor where the decision is dependent upon the credibility of opposing witnesses, or where the evidence is such as to make ■doubtful the truth of the matter involved.” He fails, however, to add: “Yet the rule is equally uniform that the court will weigh and judge the sufficiency of the evidence for itself, and where it is convinci

1943Counsel for appellee in support of insistence that the court should follow the finding of the chancellor, *408 quotes from Oliver v. Noe, 232 Ky. 809 , 24 S. W. (2d) 592, 595 , as follows: “It is the invariable rule of this court not to reverse a judgment of the chancellor where the decision is dependent upon the credibility of opposing witnesses, or where the evidence is such as to make ■doubtful the truth of the matter involved.” He fails, however, to add: “Yet the rule is equally uniform that the court will weigh and judge the sufficiency of the evidence for itself, and where it is convinci

21933–1943
Brown v. Columbia Finance & Trust Co. green
kyctapp · 1906
2 sentences

1946Men and women are presumed capable of having children as long as they live.” See also Brown v. Columbia Finance Trust Co., 123 Ky. 775 , 97 S. W. 421 ; United States Fidelity & Guaranty Co. v. Douglas' Trustee, 134 Ky. 374 , 120 S. W. 328 , 20 Ann.

1946Men and women are presumed capable of having children as long as they live.” See also Brown v. Columbia Finance Trust Co., 123 Ky. 775 , 97 S. W. 421 ; United States Fidelity & Guaranty Co. v. Douglas' Trustee, 134 Ky. 374 , 120 S. W. 328 , 20 Ann.

11946–1946
U. S. Fidelity & Guaranty Co. v. Douglas' Trustee neutral
kyctapp · 1909
2 sentences

1946Men and women are presumed capable of having children as long as they live.” See also Brown v. Columbia Finance Trust Co., 123 Ky. 775 , 97 S. W. 421 ; United States Fidelity & Guaranty Co. v. Douglas' Trustee, 134 Ky. 374 , 120 S. W. 328 , 20 Ann.

1946Men and women are presumed capable of having children as long as they live.” See also Brown v. Columbia Finance Trust Co., 123 Ky. 775 , 97 S. W. 421 ; United States Fidelity & Guaranty Co. v. Douglas' Trustee, 134 Ky. 374 , 120 S. W. 328 , 20 Ann.

11946–1946
Beall v. Wilson neutral
· 1912
2 sentences

1946We said in Beall v. Wilson, 146 Ky. 646 , 143 S. W. 55 , 57: “In applying the rule against perpetuities, it is an invariable rule that regard is to be had for possible, and not merely to actual events; that is, to render future estates valid, they must be so limited that in every possible contingency they will vest within the statutory period.

1946We said in Beall v. Wilson, 146 Ky. 646 , 143 S. W. 55 , 57: “In applying the rule against perpetuities, it is an invariable rule that regard is to be had for possible, and not merely to actual events; that is, to render future estates valid, they must be so limited that in every possible contingency they will vest within the statutory period.

11946–1946
Burke v. Burke green
kyctapphigh · 1937
2 sentences

1944Burke v. Burke, 267 Ky. 734 , 103 S. W. 2d 291 ; Partin v. Partin, 270 Ky. 596 , 110 S. W. 2d 298 ; Taylor v. Trosper, 275 Ky. 259 , 121 S. W. 2d 41 ; Horton v. Horton, 287 Ky. 586 , 154 S. W. 2d 550 .

1944Burke v. Burke, 267 Ky. 734 , 103 S. W. 2d 291 ; Partin v. Partin, 270 Ky. 596 , 110 S. W. 2d 298 ; Taylor v. Trosper, 275 Ky. 259 , 121 S. W. 2d 41 ; Horton v. Horton, 287 Ky. 586 , 154 S. W. 2d 550 .

11944–1944
Partin v. Partin neutral
kyctapphigh · 1937
2 sentences

1944Burke v. Burke, 267 Ky. 734 , 103 S. W. 2d 291 ; Partin v. Partin, 270 Ky. 596 , 110 S. W. 2d 298 ; Taylor v. Trosper, 275 Ky. 259 , 121 S. W. 2d 41 ; Horton v. Horton, 287 Ky. 586 , 154 S. W. 2d 550 .

1944Burke v. Burke, 267 Ky. 734 , 103 S. W. 2d 291 ; Partin v. Partin, 270 Ky. 596 , 110 S. W. 2d 298 ; Taylor v. Trosper, 275 Ky. 259 , 121 S. W. 2d 41 ; Horton v. Horton, 287 Ky. 586 , 154 S. W. 2d 550 .

11944–1944
Smith v. Boone green
kyctapphigh · 1927
2 sentences

1943Smith v. Boone, 222 Ky. 1 , 299 S. W. 1059 .” As we said in that case, “We are constrained to apply that rule” here as we did in reversing the judgment in that case.

1943Smith v. Boone, 222 Ky. 1 , 299 S. W. 1059 .” As we said in that case, “We are constrained to apply that rule” here as we did in reversing the judgment in that case.

11943–1943
Colyer v. Huff neutral
kyctapp · 1813
1 sentence

1933In Colyer v. Huff, 3 Bibb, 34 , Chief Justice Boyle wrote: “It is an invariable rule never to grant a new trial for the smallness of the damages,, m an action *774 founded upon tort and sounding merely in damages-. ’ ’ This was an action for slander where a verdict was for 1 cent.

11933–1933
Prewitt v. Wilborn neutral
kyctapp · 1919
2 sentences

1931Ed. 586 ; Stokes v. Foote, 172 N. Y. 341 , 65 *258 N. E. 176; Utah Fuel Co. v. Utah Industrial Commission, supra. Freeman on Judgments (5th Ed.), see. 687, says: “The best and most invariable test as to whether a former judgment is a bar is to inquire whether the same evidence will sustain both the present and the former action. ‘ The cause of action is the same when the same evidence will support both actions; or, rather the judgment in the former action will be a bar, provided the evidence necessary to sustain the judgment for the plaintiff in the present action would have authorized a judgm

1931Ed. 586 ; Stokes v. Foote, 172 N. Y. 341 , 65 *258 N. E. 176; Utah Fuel Co. v. Utah Industrial Commission, supra. Freeman on Judgments (5th Ed.), see. 687, says: “The best and most invariable test as to whether a former judgment is a bar is to inquire whether the same evidence will sustain both the present and the former action. ‘ The cause of action is the same when the same evidence will support both actions; or, rather the judgment in the former action will be a bar, provided the evidence necessary to sustain the judgment for the plaintiff in the present action would have authorized a judgm

11931–1931
George v. Sohn's Administrator neutral
kyctapp · 1921
2 sentences

1924George v. Sohn’s Admr., 191 Ky. 428 , 230 S. W. 904 .

1924George v. Sohn’s Admr., 191 Ky. 428 , 230 S. W. 904 .

11924–1924
Weaks v. McDowell Construction Co. neutral
kyctapp · 1913
2 sentences

1921Weaks v. McDowell Construction Company, 153 Ky. 691 , 156 S. W. 127 .

1921Weaks v. McDowell Construction Company, 153 Ky. 691 , 156 S. W. 127 .

11921–1921

Where else courts name it

CA 49 (1885–2023) NY 29 (1820–2024) PA 16 (1896–2022) TX 15 (1890–2015) IL 13 (1892–2020) MD 13 (1911–2008) NC 12 (1880–2024) TN 11 (1904–2025) KY 10 (1921–1969) NE 10 (1896–2022) GA 9 (1878–2021) MO 9 (1883–1989) WA 9 (1897–1952) AL 8 (1875–1928) KS 8 (1905–2017) NJ 6 (1929–1964) DE 6 (2017–2021) AZ 6 (1947–2021) OR 6 (1914–1989) OH 5 (1955–2023) FL 5 (1881–1985) SC 5 (1946–1977) IA 5 (1896–1938) LA 5 (1896–2003) CO 5 (1892–1939) MT 3 (1902–1931) MN 3 (1890–1923) AR 3 (1916–1960) CT 3 (1844–1990) UT 3 (2012–2015) VT 3 (1893–2009) NV 2 (1909–1954) RI 2 (1851–1899) NM 2 (1921–1936) MS 2 (1993–2023) ID 2 (1870–1961) ND 2 (1934–1956)

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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