Clayton v. Stephenson

* Writ of error refused November 15, 1923. J. C. Clayton brought this suit to enjoin the execution of a judgment against him in favor of appellee, Stephenson. The judgment attacked was rendered in a suit brought by Stephenson against John Bailey. In that suit an attachment was levied on a certain automobile as the property of Bailey. This automobile was replevied on bond executed by Bailey as principal and Clayton and another as sureties. This bond, after reciting the seizure of the property on the writ of attachment contains this further recital:

"And which, by the said plaintiff herein, has…