Commercial Credit Co. v. Melba Candy Co.

This appeal is prosecuted by defendant in executory proceedings. It is contended that the fiat issued without adequate or authentic evidence, and that the order of seizure and sale should therefore be annulled and set aside.

In this court plaintiff and appellee answers the appeal, and avers that it is frivolous and was taken for purposes of delay, and he prays the affirmation of'the judgment appealed from with ten per cent damages.

Appellant assigns as error, apparent upon the face of the record, that there was no authentic evidence before the lower court at the time it granted the order of…