Kentucky Revised Statutes
Ky. Rev. Stat. § 426.390 (2026)
Repealed, 1976
✓ current as of May 2026
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Catchline at repeal: Execution against the person; when allowed; form; return; estate liable. History: Repealed 1976 Ky. Acts ch. 91, sec. 46. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1661, 1662.
Notes of Decisions
Cited in 4
cases, 1943–1966 · leading case: Swope v. Commonwealth, 385 S.W.2d 57 (Ky. Ct. App. 1964).
Swope v. Commonwealth, 385 S.W.2d 57 (Ky. Ct. App. 1964). “” KRS 426.390 provides that a capias ad satisfaciendum may issue upon certain specialized judgments, and we presume there are other circumstances where a person may be arrested in connection with fraudulent debt so, to this extent, members of the General Assembly are still…”
Kennedy v. Brink, 169 S.W.2d 292 (Ky. Ct. App. 1943). “No notation was made at the foot of the judgment showing that an execution could be made against the person of Brink, KRS 426.390, nor was any motion made by Kennedy at that time asking that such a notation be made.”
Massengale v. Warren, 378 S.W.2d 221 (Ky. Ct. App. 1964). “However, in the response we are told that motion for execution pursuant to KRS 426.390 has been made; we are not informed whether the requested execution has been issued.”
Wright v. Crawford, 401 S.W.2d 47 (Ky. Ct. App. 1966). “The same letter informed Wright that his motion to proceed in forma pauperis was overruled and that pursuant to KRS 426.390 a notation had been made at the foot of the judgment permitting an execution against Wright’s person.”
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