Ex Parte McFry

Mandamus proceeding against 1-Ion. W. B. Merrill, as a judge of the Seventh judicial circuit. The submission here is upon respondent’s demurrer to the petition. Briefly stated, the petition discloses the following situation: An attachment suit was instituted in a justice of the peace court against one Formby, certain personalty being attached, and to which R. W. McFry, petitioner here, interposed a claim making affidavit and bond, duly filed on July 20, 1927, as provided for trial of a statutory claim suit. Section 10375 et seq., Code of 1923. The suit came on to be heard on August 20, 1927,…