Donnelly v. Pepper
Court of Appeals of Kentucky
Case 68 — PETITION OBDINABY — APPEAL FROM KENTON CIRCUIT COURT. 1. By the execution of the new bond the surety was released from all liability for the acts of the principal thereafter done. The “act1' for which the administrator is liable to be sued is the wasting of the estate, and this occurred after appellant’s release. The case of Jones v. Gallatin Co., 78 Ky., is not in point. 2. The court should have permitted the amended answer pleading limitation to be filed.
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Case 68 — PETITION OBDINABY — APPEAL FROM KENTON CIRCUIT COURT. 1. By the execution of the new bond the surety was released from all liability for the acts of the principal thereafter done. The “act1' for which the administrator is liable to be sued is the wasting of the estate, and this occurred after appellant’s release. The case of Jones v. Gallatin Co., 78 Ky., is not in point. 2. The court should have permitted the amended answer pleading limitation to be filed. Statutes of limitation are no longer looked upon with disfavor. (Hayes, &c., v. Mclntire, &c., 45 Pod. Rep., 529.) 1. The old…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
The parties to this appeal are Charles Donnelly, surety of Blakely, administrator of John Pepper, who died in 1876, and William Pepper, only heir-at-law of the latter.
By judgment rendered June, 1879, in an action instituted by Blakely for settlement of the estate of the deceased, he was found indebted thereto about two thousand seven hundred dollars, but though ordered to do so, he failed to pay over the amount to the person entitled to it. And in December, 1879, an action on the administrator’s bond was brought against Blakely and Donnelly to…
2Cited by7 opinions
- In Re StumpCourt of Appeals of Kentucky (pre-1976) · 1938
- Illinois Central R. R. v. JacksonCourt of Appeals of Kentucky · 1904
- Christen v. ChristenCourt of Appeals of Kentucky · 1919
- Taulbee v. First Nat. Bank of JacksonCourt of Appeals of Kentucky (pre-1976) · 1939
- Sucs. de José Martínez v. Tomás Dávila y Ca.Supreme Court of Puerto Rico · 1913
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