Dunn v. Drummond

The opinion of the court was delivered by

Scott, J.:

On May 17, 1894, plaintiff below filed his petition in the probate court of i! O ” county, against defendant for $800 money had and received, which defendant agreed to return on demand, and sued out his writ of attachment against the property of defendant.

Afterwards on May 19, 1894, plaintiff by leave filed his amended petition setting up specifically that plaintiff had deposited the $800 with defendant as a stakeholder, as a wager on a horse race, but before the race was run, and while the money was in defendant’s hands, plaintiff demanded…