Hand v. Frank W. Hall Merchandise Co.

■ Claim was interposed by tbe Frank W. Hall Mercbandise Co. to the levy of an execution in favor of Hand, surviving partner, against Long. The levy was dismissed, and the plaintiff' excepted. When the case-was called for. trial, the parties having announced ready, the plaintiff moved to dismiss the claim, on the ground *131that no bond had been given. Upon the following showing the motion was overruled, which is assigned as error: Counsel for claimant stated in his place that while no bond could be found, he remembered that one had been made in his office, and he presumed it had been handed to…