West v. Nantz' Administrator

Opinion of the Court by

Judge Thomas

Affirming in part and reversing in part.

One of the defendants in this case against whom judgment was rendered in the Whitley circuit court, where the action was brought, prosecuted an appeal to this court in which the other defendants in the judgment (appellants here) did not join, and we reversed the judgment as against it in the case of National Surety Corporation v. Nantz, 262 Ky. 413, 90 S. W. (2d) 385. The reversal was based solely upon a ground pleaded and relied on only by that defendant, since such special defense (and which appears in the opinion)…