Legal Opinion

Thomas v. Sizemore

Court of Appeals of Kentucky

Decided October 26, 1870Published

APPEAL PROM HENDERSON CIRCUIT COURT.

1Opinion of the Court

■ Opinion oe the Court by

Judge Peters :

When the injunction was dissolved, the petition was dismissed, which made it a final judgment, and a judge of this court has no authority to reinstate an injunction when the case was finally disposed of. ...

It is clearly established by the evidence that appellant was only *368the surety in tbe note upon which the original action was brought, and more than seven years having elapsed without suing out an execution on the judgment, was exonerated from the payment of the debt under the statute, 2 B. 8., 400.

Vance, fot' appellant. Sizemore, for appellee.

Nor can…

2Cases cited1 opinion

  1. Day v. BillingslyCourt of Appeals of Kentucky · 1867

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