Woods-Egan Live-Stock Commission Co. v. Hicks

The opinion of the court was delivered by

West, J.:

The plaintiff sued Hicks for a balance due on a promissory note and filed an affidavit for attachment. The return of the sheriff stated that thirty-four head of cattle, the property of Hicks, were levied upon. Elmore, the interpleader, gave a bond which recited that “an order of attachment has been issued in said action, and the property of said B. H. Hicks has been attached, and is now bound therefor, which property the sheriff of said county now returns to the said B. H. Hicks, defendant in said action,” and which bound the obligors “that…