Chiatovich v. Mercer, Sheriff

OPINION

By the Court,

Ducker, C. J.:

One of the respondents herein, the W. M. Barnett Bank, a corporation, obtained a judgment against the appellants on a promissory note executed by J. M. Chiatovich on their behalf, doing business as the Chiatovich Ranch, and which had been transferred by the payee, H. B. Thornberry, to the respondent bank. The judgment has just been affirmed by this court.

The instant suit was instituted by appellants' in the court in which the judgment was obtained, to restrain its enforcement and to obtain a new trial in the former action. Demurrers were interposed by the…