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

6 Kentucky opinions name it 3 courts 1933–2019 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 (2)

CaseFollowedCited
Ætna Insurance v. Johnsongreen
kyctapp · 1874 · cited in 1 Kentucky opinions naming this issue, 2019–2019
1 sentence

2019See Woods v. Commonwealth, 142 S.W.3d 24, 43 (Ky. 2004) (citing Aetna Insurance Co. v. Johnson, 74 Ky. 587, 593 (1874)).

11
Woods Ex Rel. Simpson v. Commonwealthgreen
ky · 2004 · cited in 1 Kentucky opinions naming this issue, 2019–2019
1 sentence

2019See Woods v. Commonwealth, 142 S.W.3d 24, 43 (Ky. 2004) (citing Aetna Insurance Co. v. Johnson, 74 Ky. 587, 593 (1874)).

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 (9)

CaseCitedYears
Snawder v. Stice green
kyctapp · 1979
1 sentence

2010Roark v. Alva Coal Corporation, 371 S.W.2d 856 (Ky.1963); Wolf Creek Collieries v. Crum, 673 S.W.2d 735 (Ky.App.1984); Snawder v. Stice, 576 S.W.2d 276 (Ky.App.1979). 3 .

12010–2010
Roark v. Alva Coal Corporation green
kyctapphigh · 1963
1 sentence

2010Roark v. Alva Coal Corporation, 371 S.W.2d 856 (Ky.1963); Wolf Creek Collieries v. Crum, 673 S.W.2d 735 (Ky.App.1984); Snawder v. Stice, 576 S.W.2d 276 (Ky.App.1979). 3 .

12010–2010
Wolf Creek Collieries v. Crum green
kyctapp · 1984
1 sentence

2010Roark v. Alva Coal Corporation, 371 S.W.2d 856 (Ky.1963); Wolf Creek Collieries v. Crum, 673 S.W.2d 735 (Ky.App.1984); Snawder v. Stice, 576 S.W.2d 276 (Ky.App.1979). 3 .

12010–2010
Moore v. Moore green
kyctapphigh · 1945
2 sentences

1953In the case of Moore v. Moore, 301 Ky. 14 , 190 S.W.2d 689, 690 , it was said: “But the general rules of evidence do not apply in a case of this kind.

1953In the case of Moore v. Moore, 301 Ky. 14 , 190 S.W.2d 689, 690 , it was said: “But the general rules of evidence do not apply in a case of this kind.

11953–1953
Hocker v. Pendleton green
kyctapp · 1897
2 sentences

1943The Chancellor in his opinion cited the case of Hocker et al. v. Pendleton, 100 Ky. 726 , 39 S. W. 250 , in which we said: “It is clear, however, that an election may be free from violence, and yet, if from a failure of the officers to supply ballots, booths, stencils, etc., any large proportion of the electors is prevented from voting, it can properly be said there has not been a free election, within the meaning of the constitution. ’ ’ Appellant insists that the present case falls within the modified rule stated in the case of Wallbrecht v. Ingram, 164 Ky. 463 , 175 S. W. 1022, 1028 , to th

1943The Chancellor in his opinion cited the case of Hocker et al. v. Pendleton, 100 Ky. 726 , 39 S. W. 250 , in which we said: “It is clear, however, that an election may be free from violence, and yet, if from a failure of the officers to supply ballots, booths, stencils, etc., any large proportion of the electors is prevented from voting, it can properly be said there has not been a free election, within the meaning of the constitution. ’ ’ Appellant insists that the present case falls within the modified rule stated in the case of Wallbrecht v. Ingram, 164 Ky. 463 , 175 S. W. 1022, 1028 , to th

11943–1943
Wallbrecht v. Ingram green
kyctapp · 1915
2 sentences

1943The Chancellor in his opinion cited the case of Hocker et al. v. Pendleton, 100 Ky. 726 , 39 S. W. 250 , in which we said: “It is clear, however, that an election may be free from violence, and yet, if from a failure of the officers to supply ballots, booths, stencils, etc., any large proportion of the electors is prevented from voting, it can properly be said there has not been a free election, within the meaning of the constitution. ’ ’ Appellant insists that the present case falls within the modified rule stated in the case of Wallbrecht v. Ingram, 164 Ky. 463 , 175 S. W. 1022, 1028 , to th

1943The Chancellor in his opinion cited the case of Hocker et al. v. Pendleton, 100 Ky. 726 , 39 S. W. 250 , in which we said: “It is clear, however, that an election may be free from violence, and yet, if from a failure of the officers to supply ballots, booths, stencils, etc., any large proportion of the electors is prevented from voting, it can properly be said there has not been a free election, within the meaning of the constitution. ’ ’ Appellant insists that the present case falls within the modified rule stated in the case of Wallbrecht v. Ingram, 164 Ky. 463 , 175 S. W. 1022, 1028 , to th

11943–1943
Louisville Joint Stock Land Bank v. Watts neutral
kyctapphigh · 1933
2 sentences

1937R. 1206, Louisville Joint Stock Land Bank v. Watts, 251 Ky. 832 , 66 S. W. (2d) 39 , and Southern Trust Co. v. First-City Bank & Trust Co., 259 Ky. 151 , 82 S. W. (2d) 205 , are illustrations of the modified exception as to future rents, profits, etc., from mortgaged real estate.

1937R. 1206, Louisville Joint Stock Land Bank v. Watts, 251 Ky. 832 , 66 S. W. (2d) 39 , and Southern Trust Co. v. First-City Bank & Trust Co., 259 Ky. 151 , 82 S. W. (2d) 205 , are illustrations of the modified exception as to future rents, profits, etc., from mortgaged real estate.

11937–1937
Southern Trust Co. v. First-City Bank & Trust Co. green
kyctapphigh · 1935
2 sentences

1937R. 1206, Louisville Joint Stock Land Bank v. Watts, 251 Ky. 832 , 66 S. W. (2d) 39 , and Southern Trust Co. v. First-City Bank & Trust Co., 259 Ky. 151 , 82 S. W. (2d) 205 , are illustrations of the modified exception as to future rents, profits, etc., from mortgaged real estate.

1937R. 1206, Louisville Joint Stock Land Bank v. Watts, 251 Ky. 832 , 66 S. W. (2d) 39 , and Southern Trust Co. v. First-City Bank & Trust Co., 259 Ky. 151 , 82 S. W. (2d) 205 , are illustrations of the modified exception as to future rents, profits, etc., from mortgaged real estate.

11937–1937
Downer v. Porter neutral
kyctapp · 1903
2 sentences

1933J. 640; Downer v. Porter, 116 Ky. 422 , 76 S. W. 135 , 25 Ky. Law Rep. 571 . *799 This rule is modified to some extent by the English courts, and the courts of some of the states have followed the modified rule; but in those states the courts hold that before the client can be charged with the knowledge of the attorney, there must be clear proof that the knowledge which the attorney once had, and which he had obtained in another transaction, at another time, and from another client, was present in his mind at the very time of the transaction in question; the burden resting upon the one claimin

1933J. 640; Downer v. Porter, 116 Ky. 422 , 76 S. W. 135 , 25 Ky. Law Rep. 571 . *799 This rule is modified to some extent by the English courts, and the courts of some of the states have followed the modified rule; but in those states the courts hold that before the client can be charged with the knowledge of the attorney, there must be clear proof that the knowledge which the attorney once had, and which he had obtained in another transaction, at another time, and from another client, was present in his mind at the very time of the transaction in question; the burden resting upon the one claimin

11933–1933

Where else courts name it

CA 164 (1909–2026) IL 64 (1879–2026) TX 41 (1915–2025) FL 33 (1938–2025) NJ 32 (1978–2022) MO 25 (1889–2023) NM 24 (1974–2025) OH 21 (1936–2023) IN 20 (1911–2023) PA 20 (1940–2024) WA 16 (1927–2026) CO 16 (1877–2026) ID 15 (1990–2021) CT 15 (1918–2016) OR 13 (1879–2026) MD 13 (1925–2025) MI 12 (1978–2025) WV 11 (1912–2023) AL 10 (1911–2013) OK 10 (1935–2012) AZ 8 (1934–2007) MN 8 (1931–2024) WI 8 (1970–2026) MA 8 (1987–2026) AR 7 (1905–2002) NV 7 (1900–2018) KY 6 (1933–2019) IA 6 (1908–2020) KS 6 (1931–2017) MS 6 (1926–2014) NY 6 (1960–2026) SD 5 (1896–2024) ND 5 (1893–2023) DE 5 (1959–1988) GA 4 (1948–2025) NC 4 (1924–2026) MT 4 (1921–2012) VA 4 (1885–1990) UT 4 (1985–2011) HI 4 (2010–2016) TN 3 (2002–2018) AK 3 (1978–2022) LA 3 (1997–2013) RI 2 (1981–1987) VT 2 (2007–2009) WY 2 (1973–1973) SC 2 (2016–2020) NH 2 (2005–2011) DC 2 (1982–2001)

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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