John McKinley

“ The court of appeals of Kentucky has decided, that a replevin bond cannot be set aside at the instance of the debtor, on the ground that the law under which it was given was unconstitutional. Let it be conceded, says the court, that the constitution of the United States, or of this state, is violated by the law in question; whose rights are infringed by it? Certainly not those of the debtor, for the law is passed and operates exclusively for his benefit. ”

“ Jones, of counsel for the plaintiffs in error; in this cause, on a prior day of the present term of this Court, to wit: on Thursday, the 11th day of January, it is the opinion of this Court, that it is unnecessary to make the heirs and representatives of John McKinney, whose death has been suggested on the record, parties to this writ of error; as the cause of action survives to the two other plaintiffs in error. ”