Barth v. Clise

stated the case and delivered the opinion of the court.

The plaintiff in error sued Edward Brinkman, as survivor of his late partner, Smid, in the Circuit Court of Grant County, to-recover a large sum of money alleged to be due from Brinkman, as such survivor, to the plaintiffs. After the institution of the suit the "plaintiffs applied to the county judge, of Grant County for a writ of ne exeat against Brink-man. The writ was accordingly issued and placed in the hands of Clise, the defendant in this action, as the sheriff of that county for execution. Pursuant to the writ,-Clise arrested…