Osborne v. McDonald

This action was tried to the court sitting without a jury on an agreed statement of facts, resulting in judgment in favor of defendant, from which plaintiff appealed.

The agreed facts, so far as necessary to a determination of the merits of the appeal, are that on February 10, 1921, J. N. Osborne recovered a judgment against Emil Kramer for $259.40, on which execution was issued March 2, 1927, and levied upon a judgment rendered on that day, in the same court, in favor of Kramer in the sum of $543.84 in an action by Kramer against Benjamin McDonald; that thereafter, and in September, 1927, the…