Setzer v. Odom

The opinion of the Court was delivered by

Mr. C. T. Graydon, Acting Associate Justice.

E. A. Odom and R. E. Foil, defendants-respondents, signed a replevin bond in a claim and delivery action. A. P. Setzer, plaintiff-appellant, brought action upon this bond on September 5, 1933. A motion was made to make the complaint more definite and certain in certain particulars, which was granted, and the plaintiff, Setzer, brought another action on January 13, 1934, without complying with the order to make more definite and certain. To this second complaint the defendants demurred on February 12, 1934, on…