2 Indian Terr. 547 | Ct. App. Ind. Terr. | 1899
The complaint and affidavit for attachment were filed November 9, 1894, by plaintiff below, ap-pellee here, and on same day attachment was issued, and on November 14, 1894, was levied upon a stock of goods, and on December 10, 1894, said stock of goods was sold by the marshal under order of the court, and on same day defendant below, appellant here, gave a dissolving bond, under section 337, Mansf. Dig. (section 359, Ind. T. Ann. St. 1899),. and took down the proceeds of the sale, On May 4, 1895, defendant filed his plea of minority, and subsequently an amended answer was filed, but the date of filing of the amended answer is not shown by the record. October 14, 1897, demurrer was filed to the amended answer, which was sustained by the court. The appellant has filed one specification of error, which is as follows: ‘ ‘The court below erred in sustaining the demurrer to appellant’s (defendant’s) answer, and rendering judgment in favor of appellees (plaintiffs) against appellant (defendant.)” The complaint filed alleged ' ‘that the goods so sold are now in possession of defendant, and so intermingled with other goods that it is impossible to distinguish them.” In the amended answer by