Citizens National Bank of Philippi v. Auvil

Litz, Judge:

This is an action by a notice of motion for judgment (under section 6, chapter 121, Code 1923, as amended by chapter 81, Acts 1925, and chapter 39, Acts 1929), in which the plaintiff asserts an attachment lien.

January 9, 1930, plaintiff filed in the clerk’s office of the circuit court of Barbour County an unserved notice of motion for judgment against the defendant and an affidavit for attachment in the proceeding. Thereupon the clerk, at the instance of the plaintiff, issued an order of attachment and delivered the same along with the notice to the sheriff for service. On the…