J. V. Bbinkman Co. Bank v. Gustin

The opinion of the court was delivered by

Pollock, J.:

On the 4th day of October, 1899, plaintiff in error brought its action against defendants in error Gustin and wife on a promissory note for $1500, and procured an order of attachment to be levied on certain personal property as the property of defendant in error J. J. Gustin. The writ was levied by one Zutavern, who had no authority to execute its commands. By virtue of the levy there came into the hands of Zutavern a large amount of personal property. On the 14th day of October, upon the return of the writ, the defendant filed his motion…