United States Fidelity & Guaranty Co. v. Albert

Opinion op the Court by

Judge Thomas

— Affirming.

The appellees and plaintiffs below, E. Y. Albert and E. L. Morgan, trustees, recovered a judgment in the Harlan circuit court against M. F. Sizemore for the sum of $1,500. The appellees and defendants below, C. B. and J. M. Fry, were parties defendant in that petition, but no judgment was taken against them, and it was afterwards dismissed as to them without prejudice, after obtaining the judgment against Size-more. An execution against the latter was issued a.nd returned by the sheriff of the county “no property found.” Whereupon plaintiffs in…