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7 Ky. 238

Macey v. Brooks

Court of Appeals of Kentucky

Decided November 7, 1815

Court of Appeals of Kentucky · decided 1815-11-07

<p>To a bill by one of leve-ral co-obligors t° relieved on the pound that the bond 0⅛« "Tb’ i¡g0„ ought to be parties,</p>

Decided 1815-11-07

¶1*238OPINION of the Court, by

Ch. J. Bgyxe.

¶2-This ⅛ a writ of error to a decree injoining a judgment at law, upon the ground that the judgment was obtained upon m *239obligation given for an usurious consideration. The bill was filed by only one of two co-obligors, and the other is not made a party, either complainant or defendant, nor any reason suggested why he was not. The decree ⅛ on this ground therefore clearly erroneous: for if oile co-obligor may in such a case file a bill, ano,ther might, and suits he thus multiplied equally contrary to the maxims of sound policy and to the principles which govern a court of equity.

¶3The decree reversed with costs, and the cause remanded for new proceedings not inconsistent with the foregoing opinion.

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