(1) If the doing of an act necessary to save any right or benefit is restrained or suspended by injunction or other lawful restraint, vacancy in office, absence of an officer or his refusal to act, the time covered by the injunction, restraint, vacancy, absence or refusal to act shall not be counted in the application of any statute of limitations.
(2) When the collection of a judgment or the commencement of an action is stayed by injunction, the time of continuance of the injunction shall not be counted as part of the period limited for the collection of the judgment or the commencement of the action.

Terms Used In Kentucky Statutes 413.260

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Vacancy in office: or any equivalent phrase, means such as exists when there is an unexpired part of a term of office without a lawful incumbent therein, or when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time appointed by law. See Kentucky Statutes 446.010

Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 2535, 2544.