Carlyle v. Long

*167Opinion of the Court,

by Judge Owsley.

AT the March term, 1817, of the Woodford circuit court, Long, as the assignee of Hezeldah .Luckett, recovered judgment for $1,474 25 cents, together with interest thereon and costs, against John H. Carlyle, From that judgment an appeal was prayed by John H. Carlyle, who, together with George Carlyle, his surety, executed bond in the clerk’s office, conditioned for the due prosecution of the appeal. The appeal was after-wards dismissed by an order of this court, and an action brought in the name of Long, for the use and benefit of Joseph Kinkaid, against…