124 Ky. 44 | Ky. Ct. App. | 1906
Opinion op the Court by
Affirming.
In May, 1904, the appellees recovered, a judgment in the Bell circuit court against the appellant John Slusher for the sum of about $800. On the 24th day of January, 1905, John Slusher was granted an appeal in this court, and thereupon executed an appeal bond, with S. Mj. Slusher and W. J. Slusher as sureties-. The bond was in the usual form, by which the parties covenanted that John Slusher, would pay to the plaintiffs therein all costs and damages adjudged against him on the appeal, and would satisfy and perform the judgment in the event it was affirmed by the court of appeals. On November 9, 1905, that judgment, was affirmed by this court (89 S. W., 244). It appears that on October 27, 1905, the appellant John Slusher filed his petition and application in the United States court for the Eastern District of Kentucky, seeking a judgment discharging him in bankruptcy from all debts and liabilities then existing-, including that above- mentioned. Such proceedings were had therein, and on January 9, 1906, the court regularly discharged him from all his debts and liabilities. This action was instituted by the appellees against the sureties on the appeal bond above mentioned, and for defense- they pleaded the judgment of the United States court discharging their principal in bankruptcy. The lower1 court disregarded this- plea, and rendered judgment against them for the amount due, of which they complain.
In support of their position that they are not liable on the bond, appellants cite the case of Payne & Brother v. Able, &c., 7 Bush, 344, 3 Am. Rep., 316. That case, however, is dissimilar in some respects to
The case of Knapp, et al. v. Anderson et al., 71 N. Y., 466, is similar- in many respects to that at bar.
As the, judgment of thei lower court is, in accord with our views, herein expressed, it is, affirmed.