Arthur v. McArthur

Opinion by

Judge Hines :

The amended petition, the filing of which the court refused, exhibits the fact that judgment was obtained against the maker of the notes on the 4th day of June, 1874, and that execution did not issued until the 8th day of March, 1875. The amended petition further alleges that the maker of the notes was hopelessly insolvent at the time the notes fell due, and has continued so ever since, and that on the nth of April, 1875, he filed his petition to become a bankrupt.

Ordinarily no action can be maintained on assignment until the assignee has judgment, execution, and return…