Demens v. Huene

STEPHENS, J., pro tem.

Judgment was awarded plaintiff against defendants on June 24, 1915. On January 30, 1924, upon ex parte application and upon presentation of affidavit that no part of the judgment had been paid and that deponent was informed and believed that defendants had property not exempt from execution which should be applied upon the judgment, the trial court ordered that execution issue. Pursuant to this order execution issued and a motion to recall the same was made upon notice on the 11th of February, 1924. This motion was made upon affidavit and was based upon the ground of…