Dills v. Cecil
Court of Appeals of Kentucky
CASE 75 — PETITION ORDINARY APPEAL EROM PIKE CIRCUIT COURT. CITED— 4 Mon., 492; .Morton vs. Roberts. 4 J. J. M., 366; Field vs. O’Bryan. 3 J. J. M., 526; Sneed’s ex’r vs. White'. 9 Dana, 22; Blanfords adm’r vs. Barger. 7 J. J. M., 582 ; Alexander vs. Bank of Commonwealth. 5 Dana, 13 ; Holbert vs. Montgomery’s adm’r. 2 B. Mon., 184; Duvall vs. Waggener, fyc. CITED— Civil Code, sec. 847. Revised Statutes, sec. 1, art. 3, chap. 63. Act of December. 20, 1865, Myers’ Sup., 755.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion oe the court:
On an appeal from a judgment of the quarterly court in favor of Cecil against Thornbury, Dills signed the appeal bond as Thornbury’s surety. The circuit court having afterwards rendered judgment againt Thornbury on the appeal, a fieri facias was issued and delivered to the sheriff of Pike county, where all the parties resided; and the execution being returned without a levy or any payment, this action was brought against Dills on the appeal bond. Plis answer to the petition alleged, in effect, that the sheriff could have made the amount of the…
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