If a bond having the force and effect of a judgment, is lost, destroyed, mutilated, or defaced, any person interested therein may, upon ten (10) days' written notice to the adverse party, move the court in which the bond was on file to award execution thereon. Upon satisfactory proof that such bond has existed, that it has been lost, destroyed, mutilated, or defaced, the purport thereof, and that it remains undischarged, the court shall award execution thereon, endorsed as though execution were issued on the bond, if in existence. No judgment for costs shall be rendered against the defendant in the motion, unless he controverts the plaintiff's right to an execution and fails in his defense.
KRS 422.220
Bond with force of judgment, lost -- How supplied
Applied in 1 court decision — leading case Perfection Hardwood Flooring Co. v. Bowling (1957)
Most recently applied in Perfection Hardwood Flooring Co. v. Bowling (March 1957)
Effective: October 1, 1942 History: Recodified 1942 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.