Bromley v. Broyles

• Court: Kentucky Court of Appeals
• Writing for the Court: DU RELLE, J.
• Citation: Bromley v. Broyles, 58 S.W. 984 (Ky. Ct. App. 1900)
• Decision Date: 13 November 1900
• Parties: BROMLEY et al. v. BROYLES. [1]

58 S.W. 984

BROMLEY et al. v. BROYLES. ^[1]

Court of Appeals of Kentucky.

November 13, 1900

Appeal from circuit court, Jefferson county, common pleas division.

"Not to be officially reported."

Action by Lena Broyles against W. P. Bromley and another on a traverse bond. Judgment for plaintiff, and defendants appeal. Affirmed.

Gardner & Moxley, for appellants.

F Hagan, for appellee.

DU RELLE, J.

Appellee instituted an action of forcible detainer against appellant Bromley before a justice of the peace, which resulted in a verdict and judgment in her favor. A traverse of the finding of the jury was filed, a traverse bond executed, and the case taken to the circuit court, where it was dismissed for failure to furnish additional surety. Appellee thereupon brought suit against Bromley and his surety upon the traverse bond, and recovered judgment.

It is urged as ground for reversal that the verdict was insufficient to authorize the judgment of restitution. While the verdict is loose and general in form, it may be plausibly argued that it sufficiently indicates the finding of the jury upon all the issues of fact between the plaintiff and defendant. But whether the verdict is sufficient or not, as an original proposition, and whether or not the supposed defect might have been taken advantage of upon the trial of the traverse, we are of opinion that, after a traverse and a dismissal, it is now too late, in a proceeding upon the traverse bond, to raise the question.

A counterclaim was set up, seeking to recover damages for loss to the tenant caused by his being misled into making preparations for raising a crop by an...