Bright v. Wilson's Administrator
Court of Appeals of Kentucky
Error to the Lincoln Circuit. Assumpsit. Case 35. Case stated. pieaSa^etoff t°.a demand agamstliim, a de~ manddue by the othCT^aaTlf itonthe Jpieaeditis then too^ latero joint demands the1101 objection shouid have been by demurrer to the plea. The rule that a joint liability shall be asserted and enforced against all the parties liable, is a technical rule that is waived by a failure to present the objection at the first opportunity.
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Error to the Lincoln Circuit. Assumpsit. Case 35. Case stated. pieaSa^etoff t°.a demand agamstliim, a de~ manddue by the othCT^aaTlf itonthe Jpieaeditis then too^ latero joint demands the1101 objection shouid have been by demurrer to the plea. The rule that a joint liability shall be asserted and enforced against all the parties liable, is a technical rule that is waived by a failure to present the objection at the first opportunity. To authorize agroun^that the ^"to1 tp^vt’ den<;e> musfe appear tohe-veruclearly so. Affidadit for a now trial' on the ground of the discovery of testimony,…
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court,
As this action of assumpsit was brought by Bright alone, against Wilson’s administrator, we are of opinion that the defendant was not entitled, against the will of Bright, to set off. a demand against Bright and Stephens jointly, on account of money paid as their security. The plea, therefore, should have been adjudged bad if it had been demurred to.
But as Bright was bound to the extent of the entire joint liability of himself and Stephens, and had a right, without the concurrence of the latter, to discharge it o either by payment or by setting…
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