National Bank of Monticello v. Bryant, &C.

Decision Date03 November 1877
Citation76 Ky. 419
PartiesNational Bank of Monticello v. Bryant, &c.
CourtKentucky Court of Appeals

In January, 1875, the appellant recovered a judgment against the appellee J. M. Bryant for $1,000 and an execution issued thereon was returned "no property found."

The appellant then brought this suit in equity, and in the first paragraph of its petition sought, under section 474 of Myers's Code, to enforce satisfaction of the judgment.

In the second paragraph recovery was sought on a note for $1,000, on which it was alleged Bryant was liable as indorser; and in the third paragraph recovery was sought on a note for $2,000, upon which he was alleged to be liable in the same way.

In answer to the first paragraph, Bryant averred that he was the accommodation indorser for Edelin, Huffaker & Shy on the instrument on which the judgment sought to be enforced was recovered; that Edelin, Huffaker & Shy were sued with him in the same action; and that in February, 1876, judgment was rendered therein for the same debt against Huffaker & Shy, as survivors of Edelin, Huffaker & Shy; and that they (Huffaker & Shy) had replevied the latter judgment with surety; and he relied on that fact, and the further fact that he was only accommodation indorser, as exonerating him from liability on the judgment against himself.

To the second and third paragraphs he pleaded former adjudications in bar. The chancellor dismissed the entire petition.

The facts relied upon in the answer to defeat the right of action set up in the first paragraph of the petition were admitted.

There is nothing in the record to show that the separate judgment against Bryant was improperly rendered. The question for decision, then, is, whether, if several persons are liable on the same cause of action, and be sued in the same action, and separate judgments be rendered against each, the replevy of one of said judgments is a merger and satisfaction of the others.

It has been held that where a joint judgment has been rendered against several, and is replevied by a part only of the defendants, the judgment is merged into the replevin-bond, and the defendants who did not join in the bond are discharged from liability on the judgment, unless the bond be quashed; and the defendant who did not unite in the replevying, if he was only surety for the debt, will be released, even though the bond be quashed, unless it be quashed in a reasonable time. (Hughes's adm'r v. Hardesty, 13 Bush, 364.)

But it has also been held, where three persons were sued, and judgment rendered against two and replevied by them, that the third could not plead the fact that...

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1 cases
  • Louisville & N.R. Co. v. Paul's Adm'R
    • United States
    • United States State Supreme Court — District of Kentucky
    • January 19, 1951
    ...the same parties where the ends of justice in the administration of the law demand it. It was written long ago in National Bank of Monticello v. Bryant, 13 Bush 419, 76 Ky. 419: "This and every other court will take judicial notice of its own records as far as they pertain to the case in ha......

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