McNamara v. Hammerslag

McKEE, J., Dissenting.

I dissent. The allegations of the complaint are that, in an action, a writ of attachment was issued, which was levied on certain property belonging to the defendant in the action; that for the purpose of having the property attached released from the attachment, “the defendants herein executed and delivered to the plaintiff a written undertaking, a copy of which is hereto attached, marked exhibit ‘A,’ and made a part of this complaint”; and that upon the execution and delivery of the bond, the attachment was discharged and the property was released, yet the defendants…