Continental Fertilizer Co. v. Pass

The Continental Fertilizer Company brought suit against Pass upon a lost note; and to the copy of the note which was attached to the summons there was affixed an affidavit stating, among other things, that the original note was lost. It does not appear that any plea of non est factum was filed. Judgment was rendered in the justice’s court in favor of the plaintiff. The execution issued upon this judgment was levied upon certain personal property, and the levy was arrested by • an affidavit of illegality. The justice of the peace dismissed the affidavit of illegality, and Pass sued out a…