Mercantile Firm of O. Fagerberg & Brother v. Johnson

The opinion of the court was delivered by

Johnston, J.:

The mercantile firm of O. Fagerberg & Brother brought an attachment proceeding against Charles Johnson, and caused two promissory notes to be attached by a constable. John W. Johnson, who claimed the ownership of the notes, and that they were sold and assigned to him before they were due, brought an action of replevin against the constable and the mercantile firm of O. Fagerberg & Brother to recover the notes, and, at the February term, 1889, of the district court of Pottawatomie county, recovered a judgment. On April 26, 1889, the…