Mayer v. Woolery

*355The opinion of the court was delivered by

Hoyt, J.

This was a proceeding to obtain possession of attached property under the provisions of §§ 491, et seq., of the Code of Procedure. When the case was first called to the attention of the superior court it appeared that the bond and affidavit required by the statute to be delivered to the sheriff by the claimant had not been filed with the clerk of the court, and that no action in reference thereto had been taken by the claimant until some months after having obtained possession of the property from the sheriff. Growing out of the alleged default…