68 Ky. 20 | Ky. Ct. App. | 1868
delivered the opinion of the court:
The record of the Indiana judgment in the appellee’s favor against the appellant is sufficiently authenticated for sustaining this action upon it in the circuit court for Harrison county, Kentucky; and, though the judgment is apparently harsh and erroneous, yet, not being revisable by this court, it must operate as valid and conclusive until reversed in Indiana.
But the appellant’s separate suit against the appellee in Indiana, on their contract of assignment, never having been tried on its merits, the simple dismission of it for alleged want of prosecution is no bar to farther remedy upon the same cause of action; and, consequently, the
Wherefore, the judgment is reversed, and the cause remanded for further proceedings.