Brown's Administrator v. Gabhart

Opinion of the Court by

Commissioner Hobson

Affirming.

On December 23,1927, Dr. W. S. Gabhart brought an action against A. J. Brown to recover a balance of $500 on an account for medical services. An affidavit for an attachment was made, and an attachment bond executed. The attachment was issued; also a summons for A. J. Brown. The summons was returned “Not found.” The attachment was levied on a diamond stud in the possession of the Mercer National Bank. On September 7. 1928, Gabhart filed an amended petition, stating that Brown had died intestate, a resident of Mercer county, and that the State…