Herre v. Root Manufacturing Co.

In this case a decision was rendered affirming the judgment of the trial court. A motion for rehearing was granted. The former opinion is withdrawn and the judgment of affirmance is vacated, and the following substituted:

It appears that the trial judge confined his ruling to the question of the petition and demurrer. He did not expressly rule upon the question of injunction or the appointment of a receiver. As we view the case, the controlling question is whether the judgment of Root Manufacturing Company, the plaintiff, which was a lien against whatever title and interest A. J. Evans, the…