Ky. Rev. Stat. » Chapter 23
Kentucky Revised Statutes

Ky. Rev. Stat. § 23.030 (2026)

Repealed, 1978

✓ current as of May 2026
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Catchline at repeal: Appellate civil jurisdiction. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 978.

Notes of Decisions
Cited in 26 cases, 1942–1980 · leading case: Shreve v. Taylor Cnty. Pub. Library Bd., 419 S.W.2d 779 (Ky. Ct. App. 1967).
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Shreve v. Taylor Cnty. Pub. Library Bd., 419 S.W.2d 779 (Ky. Ct. App. 1967). · cites it 4× “This was error, under the interpretation heretofore placed by this court on KRS 23.030, which provides that an appeal may be taken to the circuit court from “all orders * * * of the fiscal court * * * in civil cases where the amount in controversy * * * is over twenty-five…”
Metcalf v. Howard, Judge, 201 S.W.2d 197 (Ky. Ct. App. 1947). “KRS 23.030; Civil Code of Practice, sec. 729.”
Skaggs v. Gannon, 170 S.W.2d 12 (Ky. Ct. App. 1943). “The Civil Code of Practice section, following the provisions of KRS 23.030, provides that the appeal “shall be tried anew, as if no judgment had been rendered.”
Kiefer's Ex'r & Ex'x v. Deibel, 166 S.W.2d 430 (Ky. Ct. App. 1942). “This action was instituted in the circuit court by filing an appeal from the judgment of the county court probating the will, as is provided in Sections 23.030, 394240 and 394.250, KRS, Sections 978, 4850 and 4851, KS, and by following the procedure outlined in Section 724,…”
Varney v. Varney, 609 S.W.2d 704 (Ky. Ct. App. 1980). · cites it 2× “The appellants’ attempt to juxtapose § 115 of the Kentucky Constitution with KRS 23.030 and KRS 23A.010 with CR 76 is a plain example of the proverbial mixing of apples and oranges.”
Stuart v. Richardson, 407 S.W.2d 716 (Ky. Ct. App. 1966). “Appeals are provided by KRS 23.030 from such orders. An action or “appeal” shall be prosecuted in the name of the “real party in interest.”
Enter. Publ'g Co. v. Harlan Cnty., 310 S.W.2d 551 (Ky. Ct. App. 1958). · cites it 2× “Plaintiff argues that primarily this is a suit against the county treasurer, and therefore the right of appeal from the order is not directly involved. However, it is clear that with respect to this claim the county treasurer could only act as ordered by the fiscal court, and…”
Johnson v. Lagrew, 447 S.W.2d 98 (Ky. Ct. App. 1969). “The court did not err in refusing to dismiss the proceedings because of the failure of appellants to file a certified copy of the ordinance.”
Franklin v. Pursiful, Cnty. Judge, 173 S.W.2d 131 (Ky. Ct. App. 1943). “951 ), and KRS 23.030 regulating-appeals from county court judgments affords none.”
Howard v. Saylor, 204 S.W.2d 815 (Ky. Ct. App. 1947). · cites it 2× “On this appeal it is insisted by the appellees that the special demurrer should have been sustained because W. J. R.”
Riedinger v. Murphy, 337 S.W.2d 22 (Ky. Ct. App. 1960). “105 provides that, “Every fiduciary, before entering up *24 on the execution of the trust, shall receive letters of appointment from the county court having jurisdiction as now fixed by law.”
Combs v. Combs, 380 S.W.2d 227 (Ky. Ct. App. 1964). “Her settlement was approved and confirmed, whereupon the father and mother appealed to the Knott Circuit Court in conformity with KRS 23.030(1) and CR 72.01. In the circuit court proceeding it was agreed that the record of testimony in the county court be treated as evidence for…”
Show all 26 citing cases →
— Ky. Rev. Stat. § 23.030(1) — 5 cases
Shreve v. Taylor Cnty. Pub. Library Bd., 419 S.W.2d 779 (Ky. Ct. App. 1967). “This was error, under the interpretation heretofore placed by this court on KRS 23.030, which provides that an appeal may be taken to the circuit court from “all orders * * * of the fiscal court * * * in civil cases where the amount in controversy * * * is over twenty-five…”
Varney v. Varney, 609 S.W.2d 704 (Ky. Ct. App. 1980). “The appellants’ attempt to juxtapose § 115 of the Kentucky Constitution with KRS 23.030 and KRS 23A.010 with CR 76 is a plain example of the proverbial mixing of apples and oranges.”
Combs v. Combs, 380 S.W.2d 227 (Ky. Ct. App. 1964). “Her settlement was approved and confirmed, whereupon the father and mother appealed to the Knott Circuit Court in conformity with KRS 23.030(1) and CR 72.01. In the circuit court proceeding it was agreed that the record of testimony in the county court be treated as evidence for…”
Bullitt Cnty. v. Stout, 422 S.W.2d 133 (Ky. Ct. App. 1967).
Pulaski Fiscal Court v. Floyd, 374 S.W.2d 863 (Ky. Ct. App. 1964).
— Ky. Rev. Stat. § 23.030(2) — 4 cases
Shreve v. Taylor Cnty. Pub. Library Bd., 419 S.W.2d 779 (Ky. Ct. App. 1967). “This was error, under the interpretation heretofore placed by this court on KRS 23.030, which provides that an appeal may be taken to the circuit court from “all orders * * * of the fiscal court * * * in civil cases where the amount in controversy * * * is over twenty-five…”
White v. Commonwealth ex rel. Feck, 299 S.W.2d 618 (Ky. Ct. App. 1957).
Stathis v. Farmers Bank & Capital Trust Co., 444 S.W.2d 112 (Ky. Ct. App. 1969).
Howard v. Howard, 333 S.W.2d 953 (Ky. Ct. App. 1960).
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