Burkett v. Bowen

The appellants’ contention that the affidavit in proceedings supplementary to execution can not be amended, is met and overthrown by the decision in Hutchinson v. Trauerman, 112 Ind. 21. There is nothing in Pouder v. Tate, 111 Ind. 148, opposing the doctrine of Hutchinson v. Trauerman, supra, for there was no question as to the right to amend.

The affidavit shows that the defendant Milo R. Smith has property in his hands belonging to Daniel R. Burkett, and describes notes, secured by mortgage, amounting to eleven hundred dollars. It is averred that “the sum of eleven hundred dollars, together…