Kinney v. Yoelin Bros. Mercantile Co.

The company, defendant in error, had execution on a judgment before Rice, justice of the peace, against one Boulter, and served a garnishment summons on Kinney and the Hamilton National Bank. The bank paid the amount of the judgment into the justice court. The county court, on appeal from the justice of the peace, rendered judgment for the whole amount against Kinney and he brings the case here on error. The justice paid the money to defendant in error.

The facts were stipulated. Boulter a grocer, became insolvent, and gave Kinney a power of attorney to run his business or sell all his…