Smith v. First National Bank

On November 25, 1922, the First National Bank of Sterling obtained a judgment on a judgment note against L. D. Smith, the maker thereof. On the same day a writ of execution was issued, running against the property of the judgment debtor. The defendant filed a motion to quash the writ of execution. The motion recited the facts above stated, and further alleged among other things, that the sheriff levied upon the personal property of the defendant ; that the writ is still unsatisfied and not returned; that within four months from the rendition of the judgment, the defendant “made voluntary…