Murphy v. Commonwealth

*917Opinion by

Judge Cofer:

This action was instituted on the bond of James Coy, late sheriff of Nelson county, against him and his sureties ill his county levy bond, to recover a balance alleged to be in his hands. Several of the sureties answered and presented a defense which showed that the plaintiffs had no cause of action against any of the sureties. The appellant, who was one of the sureties and had been served with process, failed to answer, and judgment was rendered against him by default before a trial of the issue presented by the answer of his codefendants. That issue was tried on the…