Bowman v. Breyfogle

Opinion of the Court by

Chief Justice Hobson

Reversing.

Section 439 of the Code is as follows:

“After an execution of fieri facias, directed to the county in which the judgment was rendered, or to the county of the defendant’s residence, is returned to the proper officér, either as to the whole or part thereof, in substance, no property found to satisfy the. same, the plaintiff in the execution may institute an equitable action for the discovery of any money, chose in action, equitable or legal interest, and all other property to *444which, the defendant is entitled, and for subjecting the same to…