Baker v. Tullock

Herbert L. Phelps recovered judgment against the Union Central Life Insurance Company. Plaintiff Baker acted as attorney for Phelps. On appeal the judgment was reversed and the cause remanded for a new trial. (Phelps v. Union Central Life Ins. Co., 105 Mont. 195, 71 Pac. (2d) 887.) The insurance company then filed a cost bill and obtained judgment against Phelps for its costs on that appeal. It then caused execution to be issued and placed in the hands of defendant Tullock, sheriff of Fergus county, and defendant McPherson, sheriff of Valley county, who levied upon the cause of action of…