Gaylor v. Monroe

* Writ of error granted March 26, 1924. This is the second time that this case has been before this court. On the former appeal it was reversed, because the trial court refused to submit a certain issue to the jury. See Gaylor v. Monroe, 221 S.W. 330. That appeal was prosecuted without a supersedeas bond, and pending the appeal the property which had been distrained was sold by order of the court, and the proceeds of the sale were paid to the clerk of the court, who used the same to pay the costs of suit, and paid to the plaintiff Monroe $1,053.70, which left in the hands of the clerk a…