McFall v. Burley Tobacco Growers' Co-Operative Ass'n

Opinion op the Court by

Judge Thomas

Reversing.

On May 21, 1928, the appellee and plaintiff below, Burley Tobacico Growers’ Co-operative Association, recovered a judgment in the Woodford circuit court against Charles D. McFall for the sum of $432.12. He appealed therefrom to this court, and executed a supersedeas bond with the appellant and defendant below, Annie B. McFall, as his' surety. The judgment was affirmed on May 17, 1929, in the case of McFall v. Burley Tobacco Growers’ Co-operative Association, 229 Ky. 537, 17 S. W. (2d) 432.

On October 16, 1929, this action was filed by plaintiff…