Norris v. McDaniel

(After stating the foregoing facts.) Counsel for the plaintiff in fi. fa., Joe Norris (the defendant in error in Case No. 32781), contends that the motion which was made to dismiss the claim was not based upon failure to file a sufficient forthcoming bond, but upon failure to file a sufficient claim bond. This was an oral motion and is not in the record. The order of the judge recites that the “said claim is dismissed because of the failure of the claimant to give a forthcoming bond for double the amount of the execution.” The bill of exceptions, which has the approval of the trial court,…