Padgett v. Cunningham

Opinion of the Court delivered by

Mr. Justice Stabler.

This is an action upon a bond given under the provisions of Sections 5703 and 5704 of -Volume 3 of the 1922 Code. J. S. Padgett, the original plaintiff, having died pending the appeal, Ida Padgett, as administratrix of his estate, was duly substituted as party plaintiff.

On or about July 31, 1926, prior to the commencement of this suit, J. S. Padgett brought an action against the Estill Lumber Company, Inc., and procured an attachment to be issued against certain manufactured lumber, the output of the company,, including lumber at its…