KRS 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 p lea 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 bankrupt cy, 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.