Sanford v. Lowenthal

Opinion by

Judge Hines :

Appellant complains that the court sustained a demurrer to the second and third paragraphs of his answer, and that the court did not, on the demurrer to the answer, consider the petition and de*818ciare it defective. The defect claimed to exist in the petition is that it fails to show that appellee used proper diligence in attempting to collect the claims placed in his hands as collateral security, in that, as to a portion of the claims, judgment was obtained in a justice’s court, and an execution from that court returned “no property”. It is insisted that the judgment and…