Pue v. Wheeler

Upon motion for rehearing, in this ease, the original opinion, heretofore delivered, is withdrawn and the following is substituted as the opinion of the court:

This is an action to recover on an undertaking. January 3, 1922, Galen D. Pue, plaintiff herein, instituted in the district court an action of debt against.one H. K. Bushnell and, at the same time, obtained a writ of attachment against the property of Bushnell. The sheriff immediately served the writ by attaching certain personal property of Bushnell. Bushnell, as defendant, then appeared in the action and, the 4th of January, 1922, a…