Paxton v. Trabue

Appellants sued the appel-lee to recover the sum of $150, claimed to be due and owing, and sued out a writ of attachment, which was levied on an automobile. Judgment was rendered against appellants in the justice court, and appellants appealed the case to the county court. When the case reached the county court the ap-pellee filed a motion to abate the writ of attachment on the ground:

“That plaintiffs’ said demand at the date of the institution of this suit was only a contingent one, that defendant at said time was only contingently liable, to plaintiffs for said sum sued for, and that said…