Liberty Nat. Bank & Trust Co. v. Kummert

Opinion of the Court by

Stanley, Commissioner

Affirming.

On October 29, 1938, the Liberty National Bank & Trust Company recovered a judgment against appellee L. W. Kummert in tbe sum of $1,067.39, with, interest, on a note executed by him and J. P. Conn. On March 3, 1939, an execution was issued which was returned “no property found.” On March 16, 1946, the bank instituted this action under section 439 of the Civil Code of Practice to discover any property owned by Kummert, and subject same to the payment of the judgment.

Kummert filed an answer pleading that he was surety on the note for Conn…