144 Ky. 779 | Ky. Ct. App. | 1911
Opinion op the Court by
— Dismissing.
B.P. Bowling was county school superintendent of Perry County from 1901 to 1905, inclusive. He executed a bond with appellant, S. M. Napier, J. B. Bowling, S. C. Coldwell, M. C. Eversole and D. T. Combs as sureties. He defaulted to some extent in 1904, and in order to get the same persons to sign his bond for 1905,he agreed that the checks received from the State for the payment of the teachers, should he turned over to F. J. Eversole, as trustee, who was to pay the same directly to the teachers. Napier denied having any knowledge of such an agreement, hut says that he remembers hearing D. T. Combs
Appellant brought an action upon each order, in the quarterly court; in one he made Simeon Bowling a defendant with his co-sureties, and in the other he made Finley Bowling a defendant with his co-sureties. He did not, however, ask for a judgment against either Simeon or Finley Bowling; he only sought to obtain contribution from his co-sureties. He gave a credit in each action of $40, the part due by him as one of the sureties, which made the amount sought to be recovered in each action $160. The cases were tried in the quarterly court; Napier was defeated and appealed to the circuit court where he was again beaten and he appeals to this court.
Appellees contend this court has no jurisdiction of the appeal, as the amount in controversy is less than $200. Appellant claims that, as the two cases were consolidated in the circuit court and tried as one, the judgment appealed from is $320. The actions were consolidated in the lower court and tried together because the facts in the two cases were the same, but there were different defendants in the actions, and if appellant ha'd succeeded there would have been two judgments rendered in his behalf — one against each set of defendants. Parties cannot consolidate actions so as to give this
Appeal dismissed.
