Damm v. Circuit Judge ( 1894 )

To quash a writ of replevin issued against relators as co-partners. under the name of Fred H. Marion & Co., because the affidavit alleged that the goods had not been seized under any execution or attachment against the goods or chattels of the said “Fred FI. Marion & Co.” liable to execution, whereas the statute, How., Sec. 8321, requires that‘if shall state that the property has not been seized under any execution, etc., against the goods and chattels of sucli plaintiff, liable to execution.

Order to show cause denied February 13, 1894.