Phillips & Neal v. Baker

This is a foreign attachment sued out by A. C. Baker, plaintiff below, and hereinafter so designated, against C. M. Phillips and T. L. Neal, partners, trading as Phillips and Neal, nonresidents, • hereinafter designated as defendants.

The plaintiff asserted a claim of $1,400, levied the attachment upon effects of the defendants and designated the State Highway Commission as being indebted to defendants, whereupon defendants deposited $1,500 in court, pleaded payment of the debt alleged with the exception of $104, which they tendered plaintiff, and pleaded tender as to this amount.

Upon trial of…