Ky. Rev. Stat. » Chapter 122
Kentucky Revised Statutes

Ky. Rev. Stat. § 122.040 (2026)

Repealed, 1974

✓ current as of May 2026
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Catchline at repeal: Appeal to Court of Appeals from judgment in primary contest. History: Repealed 1974 Ky. Acts ch. 130, sec. 198. -- Amended 1960 Ky. Acts ch. 104, sec. 6, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1550-28.

Notes of Decisions
Cited in 8 cases, 1945–1973 · leading case: Webb v. Webb, 500 S.W.2d 59 (Ky. Ct. App. 1973).
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Wheeler v. Rea, 306 S.W.2d 294 (Ky. Ct. App. 1957). · cites it 2× “The matter is before us on the motion of appellees to dismiss the appeal for failure of appellant to execute a timely supersedeas bond as required by KRS 122.040. Judgment on the recount in favor of Rea was rendered on June 21, 1957.”
Webb v. Webb, 500 S.W.2d 59 (Ky. Ct. App. 1973). · cites it 5× “Appellant’s statement of appeal advises that the appeal is governed by KRS 122.040, which relates to contests of primary elections.”
Simmons v. Taylor, 451 S.W.2d 385 (Ky. Ct. App. 1970). · cites it 3× “070, in the same manner as provided in KRS 122.040, all of the provisions of which statute shall be applicable.”
Wilhoit v. Liles, 189 S.W.2d 851 (Ky. Ct. App. 1945). “entered on August 28, and Wilhoit filed his supersedeas bond within the time - provided in KRS 122.040 and prosecuted an appeal to this court which raises but two questions: (a) Whether the' judgment should be reversed for the trial judge’s failure to vacate the bench upon…”
Watts v. Fugate, 442 S.W.2d 569 (Ky. Ct. App. 1969). “) KRS 122.040 makes the same provision with respect to primary elections.”
Hunt v. Eagle, 454 S.W.2d 673 (Ky. Ct. App. 1969). · cites it 2× “By providing in KRS 122.040 for an immediate review by this' court on the original record the legislature obviously regarded that procedure as an adequate remedy for any errors the trial court might commit in determining such a contest.”
Reynolds v. Trivette, 189 S.W.2d 866 (Ky. Ct. App. 1945). “While original papers may be brought here under KRS 122.040 on appeal from a judgment rendered in a primary election contest, this does not mean that we should *580 bo required to read blurred pages as the result of the original record being written on thin paper, but subsec.”
Waller v. Watts, 500 S.W.2d 61 (Ky. Ct. App. 1973). “” The purported supersedeas bond is signed by Waller but there is no surety thereon as required by the mandatory language of KRS 122.040(1). We conclude that a “su-persedeas bond” without a surety is no bond at all; that a supersedeas bond in an appeal of an election contest…”
— Ky. Rev. Stat. § 122.040(1) — 3 cases
Webb v. Webb, 500 S.W.2d 59 (Ky. Ct. App. 1973). “Appellant’s statement of appeal advises that the appeal is governed by KRS 122.040, which relates to contests of primary elections.”
Simmons v. Taylor, 451 S.W.2d 385 (Ky. Ct. App. 1970). “070, in the same manner as provided in KRS 122.040, all of the provisions of which statute shall be applicable.”
Waller v. Watts, 500 S.W.2d 61 (Ky. Ct. App. 1973). “” The purported supersedeas bond is signed by Waller but there is no surety thereon as required by the mandatory language of KRS 122.040(1). We conclude that a “su-persedeas bond” without a surety is no bond at all; that a supersedeas bond in an appeal of an election contest…”
— Ky. Rev. Stat. § 122.040(3) — 1 case
Webb v. Webb, 500 S.W.2d 59 (Ky. Ct. App. 1973). “Appellant’s statement of appeal advises that the appeal is governed by KRS 122.040, which relates to contests of primary elections.”
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