Ky. Rev. Stat. § 416.050
Repealed, 1976
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Catchline at repeal: Trial of exceptions -- Judgment. History: Repealed 1976 Ky. Acts ch. 140, sec. 129. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 839.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1943–2021 · leading case: Keeney v. Commonwealth, Department of Highways
Keeney v. Commonwealth, Department of Highways (1961)
“301 (formerly Civil Code of Practice, § 318), which is of general application, the court in its discretion may order the jury as a body to be conducted to real property which is the subject of litigation “under the charge of an officer” and the property or place to be “shown to…”
Commonwealth, Department of Highways v. Farra (1960)
“That statute, KRS 416.050, provides that upon request of either party “the jury may be sent by the court” to view the property.”
Commonwealth v. Crutcher (1951)
“The language of the statute, KRS 416.050, is that, “Upon the request of either party, the jury may be sent by the court, in charge of the sheriff, to view the land or material.”
Jefferson County v. Clausen (1944)
“KRS 416.050. General principles of pleading may be appropriately resorted to except in so far as a statute might otherwise require.”
Commonwealth, Department of Highways v. Hamilton (1973)
“(The cases which construed KRS 416.050 listed under Eminent Domain, Ky.”
Commonwealth v. Means & Russell Iron Co. (1945)
“It is, of course, well settled that in condemnation proceedings the exceptions to the report of the Commissioners raise the issues which the jury is impanelled to try, KRS 416.050, and that the proof should be confined to such issues.”
Louisville N. R. Co. v. Caudill (1946)
“This section reads in part as follows: “Either party may, within thirty days, appeal to the circuit court from the judgment of the county court entered under KRS 416.050. The appeal shall be taken by executing bond as required in other cases and by filing with the clerk of the…”
Johnson County Ex Rel. Vanhoose v. Boyd (1943)
“2nd, yet they were tendered before the court had confirmed the report and he should have allowed them to be filed and should have impanelled a jury to hear them as provided in Section 416.”
Commonwealth of Kentucky Transportation Cabinet, Department of Highways v. Ptl Warehousing, LLC (2021)
“087(1) replaced an earlier statute, KRS 416.050, which had the permissive language of “may.”
Fisher v. Urban Renewal & Community Development Agency of Louisville (1968)
“There the judge took judicial notice that a substantial change had taken place in the general area.”
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