Tucker v. State Automobile Mut. Ins. Co.

Opinion op the Court by

Chief Justice Ratliff

Ratliff— Affirming.

Appellant, Paul Tucker, obtained judgment in the Barren' circuit court against Arch Saxton for $7,724.85 for damages resulting to him in a collision between his motorcycle and the automobile of Saxton. Saxton prosecuted an appeal from the judgment to the Court of Appeals and superseded the sum of $5,000 of the judgment, with appellee as surety, leaving $2,724.85 unsuperseded. An execution issued on the judgment and was returned “No property found” and thereupon appellant filed his petition in equity in the Barren circuit court, in…