Louis Snider's Sons Co. v. Armendt
Court of Appeals of Kentucky
Case 38 — BILL OF DISCOVERY The surety in a replevin bond is not discharged by operation of the statute of limitations from liability by the failure of the plaintiff to issue an execution on the replevin bond for more than a year, when, before the bar was complete, a suit was instituted and diligently prosecuted to enforce the collection of the bond. Citations: Civil Code, sec. 439; Ky.
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Case 38 — BILL OF DISCOVERY The surety in a replevin bond is not discharged by operation of the statute of limitations from liability by the failure of the plaintiff to issue an execution on the replevin bond for more than a year, when, before the bar was complete, a suit was instituted and diligently prosecuted to enforce the collection of the bond. Citations: Civil Code, sec. 439; Ky. Stat., secs. 1676, 4669; Barbee v. Pittman, 3 Bush, 259; Haddix v. Chambers, 5 Bush, 171; Rankin v. White, 3 Bush, 545; Newman v. Hazelrigg, 1 Bush, 412; Wintersmith v. Tabor, 5 Bush, 105; Counts v. Howis, 17…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
In January, 1893, tbe appellant obtained a judgment against one Graham for some $300 and interest. In February an execution was issued, which was replevied by Graham, with Benson, Foor, and appellee as his sureties. The bond not being paid at maturity, execution was issued thereon on June 22, 1893, and returned “No property found.” On November 23, 1893, the appellant instituted this proceeding by filing its petition in equity, under sec*318tion 439 of the Civil Code of Practice, to enforce the satisfaction of the replevin bond; all the obligors…
2Cases cited7 opinions
- White & Cochran v. MooreCourt of Appeals of Kentucky · 1897
- Barbee v. PitmanCourt of Appeals of Kentucky · 1867
- Alexander v. NewtonCourt of Appeals of Texas · 1895
- Newman v. HazelriggCourt of Appeals of Kentucky · 1866
- Rankin v. WhiteCourt of Appeals of Kentucky · 1868
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