Wilson v. Griffin

J. J. Griffin brought suit on a replevy bond against W. M. Benedict, as principal, and D. W. Wilson and E. W. Fowler, as securities thereon. The action was made returnable to the March term, 1917, of Newton superior court; and at the appearance term the defendants filed their plea and answer. When the case was called for trial at the July term, 1917, the plaintiff’s counsel abandoned their common-law action and stated to the court that they had a separate and- independent motion to make,, which they thought would dispose of the suit and obviate the necessity of a trial. The motion, which was…