Francis v. Grant
Court of Appeals of Kentucky
Case 38 — ORDINARY APPEAR FROM TRIGG CIRCUIT COURT. The allegation of insolvency in the petition, not coupled with any other averments, amounts to nothing. Appellees should have averred that they instituted suit at the first term of court after the notes matured; that judgment had been obtained, execution was issued, and a return of nulla bona was had thereon.
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Case 38 — ORDINARY APPEAR FROM TRIGG CIRCUIT COURT. The allegation of insolvency in the petition, not coupled with any other averments, amounts to nothing. Appellees should have averred that they instituted suit at the first term of court after the notes matured; that judgment had been obtained, execution was issued, and a return of nulla bona was had thereon. (Chambers v. Keene, 1 Met., 293; Bard v. McElroy, 0 B. Mon., 419; Marr v. Smith, 7 lb., 192; Marldey v. Withers, 4 Mon., 15; Thomas v. Taylor, 2 J. J. Mar., 223; Hume v. Brown, 3 Dana, 450; Perrin v. Broadwell, 3 Dana, 597; 9 Dana, 46;…
1Dissent
JUDGE HINES
dissents in the following opinion:
Appellant, for a valuable consideration, assigned to appellee two promissory notes for $100 each, for the security of which there was a lien on a certain tract of land. Suit was not brought on either of the notes until some time after they were due, and it is conceded that, by ordinary diligence, an action might have been brought on either of them several terms earlier, and that an effort to enforce the lien on the land .was not made until some time after the maturity of the last note. On the judgment on the first note an execution was issued and…
2Cases cited1 opinion
- Tucker v. FogleCourt of Appeals of Kentucky · 1870