Barnes v. Montgomery

SAMPORD, Judge.

Plaintiff instituted his suit by attachment, and the claimant filed claim bond for the trial of the right of property under section 10375 of the Code of 1923. The original plaintiff was, after suit filed, adjudged a bank rupt and Hie suit was revived in the name of the trustee in bankruptcy for the benefit, etc. The claimant bank failed and was taken over by the state superintendent of banks and the state superintendent was substituted for the bank as claimant. The above changes as to the parties have no effect upon the questions involved in this appeal.

On the trial plaintiff…