Kentucky Statutes 383.245 – Proceedings upon failure to file appeal — Form and issual of warrant of restitution
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If the party against whom the inquisition is found fails to file an appeal of the inquisition with the court, on or before the seventh day after the finding of the inquest, the court shall, on request, issue execution for the costs; and, if the inquisition be in favor of the plaintiff, it shall also issue a warrant of restitution in substance as follows: “…. County. To the sheriff (or any constable) of …. county, Whereas, C D and E F have been found guilty of a forcible entry in (or detainer of) one house and field, lying on the waters of …., in the county aforesaid (or other general description of the possessions), to the injury of A B: You are, therefore, in the name of the Commonwealth of Kentucky, commanded that, with the power of the county if necessary, you put the said A B in the possession of said premises; and make return within …. days, how you have executed this warrant. Given under my hand this …. day of ….
……………………………………..District Judge”
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 317, effective January
2, 1978. — Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from
C.C. sec. 461.
……………………………………..District Judge”
Terms Used In Kentucky Statutes 383.245
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 317, effective January
2, 1978. — Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from
C.C. sec. 461.