Parker v. Nolan

1. Where, after a levy on personal property under an attachment and before the trial, the defendant in attachment agrees with the plaintiff that the sheriff may sell the property and hold the funds derived from the sale, this agreement will not, on the plaintiff’s failure' to recover, preclude the defendant afterwards, in a suit against the plaintiff in attachment upon the attachment bond, from recovering for the damage sustained by him in consequence of the suing out of the attachment. If such an agreement amounted to a consent by the defendant in attachment to a judgment upon the…