Boros v. Mather

The appellant is a judgment creditor of the appellee and, as such, on August 27, 1948, he filed a verified application in the St. Joseph Circuit Court for execution against the body of the appellee as provided by § 2-4302, Burns’ 1946 Replacement. The court thereupon ordered notice to the appellee, returnable on September 17, 1948, to show why such execution should not issue. Notice accordingly was issued and served in due course by the sheriff of St. Joseph County. The appellant included in his verified application for the attachment of the body of the appellee an allegation that said…