omitted clause (Kentucky) · Go Syfert
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omitted clause in Kentucky

6 Kentucky opinions name it 3 courts 1928–2026 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 (3)

CaseFollowedCited
Inland Steel Co. v. Hallgreen
kyctapp · 1952 · cited in 2 Kentucky opinions naming this issue, 2012–2024
2 sentences

2024Representative Kulkarni maintains any contrary interpretation would render the 1990 Amendments meaningless in violation of the well- established rule that “[w]here a clause in an old enactment is omitted from the 15 new one, it is to be inferred that the Legislature intended that the omitted clause should no longer be the law.” Inland Steel Co. v. Hall, 245 S.W.2d 437, 438 (Ky. 1952).

2012One of these is ... where a clause in an old enactment is omitted from the new one, it is to be inferred that the Legislature intended that the omitted clause should no longer be the law.” Inland Steel Co. v. Hall, 245 S.W.2d 437 (Ky.1952).

12
Eversole v. Eversolegreen
kyctapp · 1916 · cited in 2 Kentucky opinions naming this issue, 1952–1988
2 sentences

1988We quoted with approval from Eversole v. Eversole, 169 Ky. 793 , 185 S.W. 487, 489 (1916), as follows: Where a statute is amended or re-enacted in different language, it will not be presumed that the difference between the two statutes was due to oversight or inadvertence on the part of the Legislature.

1988We quoted with approval from Eversole v. Eversole, 169 Ky. 793 , 185 S.W. 487, 489 (1916), as follows: Where a statute is amended or re-enacted in different language, it will not be presumed that the difference between the two statutes was due to oversight or inadvertence on the part of the Legislature.

12
Smith v. Smithgreen
kyctapp · 2014 · cited in 1 Kentucky opinions naming this issue, 2026–2026
1 sentence

2026See Smith, 450 S.W.3d at 731-32 . -19- In sum, we discern no palpable error in the family court’s modifying custody and granting sole custody to Mother based on its taking note that Father had been charged with, but not yet convicted of, DUI, among other circumstances.

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 (2)

CaseCitedYears
Rose v. Turner green
kyctapphigh · 1945
2 sentences

1952This principle is thus stated in Rose v. Turner, 301 Ky. 272 , 191 S.W.2d 397 , 398: “It is fundamental that in the enactment of a more recent statute, prior enactments on the same subj ect are presumed to have been in the mind of the Legislature.” Another presumption is that where a clause in an old enactment is omitted from the new one, it is to be inferred that the Legislature intended that the omitted clause should no longer be the law.

1952This principle is thus stated in Rose v. Turner, 301 Ky. 272 , 191 S.W.2d 397 , 398: “It is fundamental that in the enactment of a more recent statute, prior enactments on the same subj ect are presumed to have been in the mind of the Legislature.” Another presumption is that where a clause in an old enactment is omitted from the new one, it is to be inferred that the Legislature intended that the omitted clause should no longer be the law.

11952–1952
Thacker v. Commonwealth neutral
kyctapp · 1923
2 sentences

1928Thacker v. Commonwealth, 199 Ky. 521 , 251 S. W. 943 .

1928Thacker v. Commonwealth, 199 Ky. 521 , 251 S. W. 943 .

11928–1928

Where else courts name it

CA 248 (1934–2026) TX 52 (1883–2025) NC 38 (1929–2025) FL 35 (1949–2025) IL 32 (1964–2025) NJ 32 (1983–2026) MI 20 (1982–2024) IN 20 (1976–2018) LA 19 (1993–2026) OH 15 (1985–2023) PA 13 (1927–2024) KS 12 (1972–2024) WA 11 (1987–2021) AZ 10 (1980–2024) MA 9 (1990–2025) GA 8 (1929–2024) TN 8 (1980–2026) AL 8 (1974–2023) ID 7 (1991–2022) NY 6 (1977–2023) KY 6 (1928–2026) DC 6 (1978–2015) CT 5 (2003–2025) NM 5 (1947–2020) MO 4 (1986–2019) OK 3 (2013–2023) NV 3 (2004–2022) MD 3 (1960–2021) VA 2 (1921–2024) SD 2 (2006–2008) ME 2 (1944–1954) MN 2 (1990–2013) CO 2 (1984–2026) WI 2 (1910–2004) ND 2 (1985–2009) NE 2 (1987–2006) VI 2 (2012–2025) UT 2 (1995–2011)

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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