OCR Text |
Show JUDGMENT IS AFFIRMED Supremo Court Hands Down Opinion in an Attachment Case. In an opinion handed down by tho Supreme Su-preme court Wodncsday, In tho case of W. E. Johnson, appellant, and tho Bank of Commerce, respondent, vs. C. Frank Emery, E. G. Hlnes and T. J. Nipper, respondents, the Judgment of the lower court Is afllrmed, with costB. Tho ease In tho lower court grew out of a suit brought by Johnson against Emery, Hlnes and Nipper to recover the sum of S5000, which it was claimed was tho value of the furniHhlngs of tho Ford hotel In this city, and which. It was alleged, al-leged, were illegally attached by Emery to satisfy Judgmont3 obtained against T. R. Norrl3 by Hlnes nnd Nipper, Johnson, In the complaint filed In tho District court, alleged that he was the proprietor of the larger part of the goods In the hotel, and that only a small portion of them belonged to Norrls, who had boon declared a bankrupt by the Fedoral court, and that the goods belonging to him had been turned over to the trusteo In bankruptcy, as well as thoso belonging belong-ing to Norrls. Tho case In tho District court was tried before a jury, which brought In a verdict In favor of the defendants, and the court oniored judgment according to the verdict ver-dict In upholding the Judgment of the lower court, the Supreme court holds that tho law Is well defined in regard to attachments attach-ments which are 3orved on goods which belong to more than one party, In that It specifies that when tho attachment Is served, that the party whoso goods are not attached must at that time set up his claim and identify his propery, and that In the evont of his failure to do so all of the goods, if needed to satisfy the judgment, will be disposed of. |