Smith-Frazer Boot & Shoe Co. v. Derse

The opinion of the court was delivered by

Horton, C. J.:

On the 24th of June, 1886, the SmithFrazer Boot and Shoe Co. commenced its action against F. J. Derse, in the district court of Republic county, to recover $543.85 upon an account for goods sold and delivered to the defendant. At the commencement of the action a summons was issued and an order of attachment obtained against the property of the defendant upon an affidavit and undertaking filed therefor. On the 19th day of August, 1886, the plaintiff attempted to dismiss its action without prejudice, and on August 20, 1886, commenced…