Schork v. Calloway & Fidelity & Casualty Co.

Opinion of the Court by

Chief Justice Sampson

Affirming.

This appeal is prosecuted by Schork and wife from a judgment entered in the Jefferson circuit court, sustaining a demurrer to the second paragraph of their reply, and when they declined to further plead, dismissing their petition.

Judge Gordon, an outstanding trial judge of Kentucky, who presided at the hearing in the lower court, delivered a concise, w;ell reasoned opinion, which in substance we adopt.

Appellants sued Calloway as a constable, and his surety, the Fidelity and Casualty Company of New York, for damages alleged to have resulted…