Dean v. Boyd ex rel. Berry

The Chief Justice

delivered the Opinion of the Court.

In an action of debt, brought in the name of John Boyd, for the use of Robert Berry, against Joseph Dean—in which the declaration averred that, the bond sued on had been executed by Joseph Dean to the “said Joseph Dean,” and had afterwards been sold by Boyd to Berry—Dean filed a plea in abatement, averring that Boyd was a non-resident of Kentucky, and had failed to file, according to the statute, a bond securing the costs:

The Circuit Judge, having sustained a demurrer to the plea, rendered judgment against Dean, for the debt, on his refusing…