Fry v. Albert

Opinion op the Court by

Stanley, Commissioner

Affirming.

Tbe original petition in this case was a simple suit by tbe appellees against M. F. Sizemore on a return of “no property found,” on an execution which had issued on a judgment for $1,500 which they had recovered against him. An attachment issued and was levied on a sawmill outfit as being his property. C. B. Fry executed a forthcoming bond as is provided by section 214 of the Code. The plaintiffs then by amended petitions alleged, in substance, that they had made a contract with Size-more selling to him a certain boundary of timber for…