Citizens State Bank v. Bird

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order setting aside an attachment, upon the ground that the property attached was the homestead of defendant. Plaintiff contends that the evidence did not justify the ruling. The sole question before, us is whether there was competent evidence sufficient to support the order and judgment of the court.

On October 24, 1924, plaintiff sued upon a promissory note, which had been executed by the defendant, E. Bird, and others. There was no personal service upon defendant Bird; but with the petition plaintiff filed an…