2011 Kentucky Revised Statutes CHAPTER 452 VENUE AND CHANGE OF VENUE 452.490 When judgment in transitory action not to be rendered against several defendants -- Bankruptcy.
KY Rev Stat § 452.490 (1996 through Reg Sess) What's This?
452.490 When judgment in transitory action not to be rendered against several
defendants -- Bankruptcy.
In an action brought pursuant to KRS 452.480, against several defendants, no judgment
shall be rendered against any of them, upon the service of a summons out of the county in
which the action is brought, if no one (1) of them be summoned in that county, nor
resided therein when the action was commenced; nor if the action be discontinued or
dismissed as to the defendant who resided, or was summoned, in that county; nor if
judgment be rendered in his favor, unless a defendant summoned out of that county make
defense without objecting to the jurisdiction of the court: provided, that a judgment for a
defendant, who resided or was summoned in that county upon a plea of his discharge as a
bankrupt, shall not prevent a judgment against any other defendant, in an action brought
before the commencement of the proceedings in which the discharge was obtained; but
after such judgment, upon a plea of discharge in bankruptcy, a defendant not summoned
in the county, nor residing therein at the commencement of the action, may, by answer,
deny the liability of such bankrupt. The issue as to the original liability of such bankrupt
shall be tried as if he were still a party, and the plaintiff shall not have judgment against
the defendant not summoned nor residing in the county, unless it be decided that the
bankrupt was originally liable.
Effective: July 1, 1953
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C.
sec. 80.
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