Richmond v. C. Henry Finch & Co.

Opinion by

Judge Cofer:

The transcript of the record of the former suit shows that the appellant was not summoned, and therefore the judgment must be construed as against Smith alone. Clark v. Finnell, 16 B. Mon. 329.

There having been no judgment against the appellant, the replevying of the judgment by the appellees’ consent did not release him (Burrus v. Anderson, 3 Met. 500), unless the fact that Jordan was insolvent had that effect. If Jordan was insolvent and the appellees, knowing that fact, consented to allow Smith to replevy, with Jordan as surety, that might have released the appellant…