Kilbourne v. McAllister

In an action prior to the present one the defendant in this ease sued one Mitchell and therein attached certain corporate stock which she alleged belonged to Mitchell, though it had been reissued to plaintiff and was listed in plaintiff’s name on the books of the corporation. In that action the present plaintiff filed a motion to discharge the attachment, on the ground that the stock was her property and not Mitchell’s, but the motion was not heard until after the trial of the main action, in which Mitchell prevailed, whereupon the attachment was perforce discharged. The stock had beeen held…