Great American Indemnity Co. v. Sweetwater Mining Co.

*220OPINION

By the Court,

MERRILL, J.:

This is an appeal taken by the defendant below from summary judgment in favor of plaintiff. The action is for damages sustained by virtue of wrongful attachment. The damages for which judgment was rendered below related to defense upon the merits of the action in which the attachment was levied. The sole question involved upon this appeal is whether such damages can be said to have been sustained by reason of the attachment.

In 1950 an action was brought by one Arends against this respondent. Arends secured a writ of attachment which was levied against certain…