National Surety Co. v. Arterburn
Court of Appeals of Kentucky
Case 98 — Action Upon a Bond — APPEAL FROM JEFFERSON CIRCUIT COURT. Law and Equity Division — Judgment fob Plaintiff, and Defendant Appeals. POINTS AND AUTHORITIES. 1. No cause of action was stated in the petition in the absence of an allegation that the assignee’s bond was approved by the county court. Ky. Stats., see. 76. 2. A suit to settle an assigned estate in the circuit court supersedes all proceedings previously had in the county court. Ky.
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Case 98 — Action Upon a Bond — APPEAL FROM JEFFERSON CIRCUIT COURT. Law and Equity Division — Judgment fob Plaintiff, and Defendant Appeals. POINTS AND AUTHORITIES. 1. No cause of action was stated in the petition in the absence of an allegation that the assignee’s bond was approved by the county court. Ky. Stats., see. 76. 2. A suit to settle an assigned estate in the circuit court supersedes all proceedings previously had in the county court. Ky. Stats., sec. 96. 3 In the settlement of assigned estates, the court where the same is made has discretion as to costs, and the discretion having…
1Opinion of the Court
Opinion of the court by
JUDGE DuRELLE
Affirming.
Appellee executed a deed of assignment for the benefit of his creditors to one Craig, w’ho executed bond with ap*835pellant surety company as Ms surety. After rule and attachmentliadbeen issued against Craig in the county court to compel a settlement of his accounts, he brought suit in the chancery division of the circuit court for a settlement, and upon final hearing it was adjudged that he had in his hands as assignee, $750, for which he had not accounted, and judgment for that sum was accordingly rendered in favor of Arterburn. After execution and…
2Cases cited1 opinion
- Ashbrook v. RobertsCourt of Appeals of Kentucky · 1884
3Cited by3 opinions
- United States Fidelity & Guaranty Co. v. CarterCourt of Appeals of Kentucky · 1914
- Hurd v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
- National Surety Co. v. Rives' GuardianCourt of Appeals of Kentucky · 1915