E. L. Martin & Co. v. Osborne

Opinion of the Court by

Commissioner Sandidge—

Reversing.

On May 4,1922, R. S. Osborne and Andrew Osborne executed and delivered to George Osborne tbeir promissory note for $865.75, due one day after date. On May 6, tbe payee sued on tbe note, procured a general order of attachment, and had it levied on a stock of goods owned by the payors. Shortly thereafter, on application to the judge of the Leslie county court, an order of sale Was procured, directing the stock of goods to be sold as perishable property. The sale was had on June 5, and when sold the stock of goods brought $980.00. It was…