A. Roos & Co. v. Merchants' Mutual Insurance Co.

A. Boos & Co. obtained judgment against the Merchants’ Mutual Insurance Company. L. B. Cain became subrogated to the rights of Boos & Co.

Upon the judgment to which he was subrogated, Cain issued • execution, and the amount of the writ was paid to the sheriff.

The contest in the present case arises out of the following state of facts:

Plaintiffs had recovered two judgments in the Sixth District Court, one against Frank, Haas & Co. as a firm, and against the individual members thereof, viz.: Ferdinand Beer, Leon Haas, Jr., and Henry Boos, for the sum of fifteen thousand dollars. They had also a…