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MUTUAL TRUST & DEPOSIT CO. v. BOONE

267 S.W.2d 751 (1954)

MUTUAL TRUST & DEPOSIT CO. v. BOONE.

Court of Appeals of Kentucky.

Rehearing Denied May 28, 1954.

Attorney(s) appearing for the Case

James W. Stites, Samuel Steinfeld, Steinfeld & Steinfeld and Marvin M. Sotsky, Louisville, for appellant.

Blakey Helm, Louisville, for appellee.

COMBS, Justice.

The appellant is an Indiana bank. The appellee, S. H. Boone, is a resident of Indiana. The bank recovered judgment in the amount of $6,364.73 against Boone in Indiana in April, 1934. Execution was issued on the judgment and was returned unsatisfied in December, 1934. No other execution has been issued. In 1943, the bank filed a discovery action in the Indiana court against Boone in an effort to locate property out of which the judgment could be satisfied...

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