Eatherly Construction Co. v. DeBoer Construction, Inc.

I respectfully dissent.

Admittedly, the notice of attachment filed on September 24,1973, was ineffective because not filed within 90 days following the last performance by plaintiff of work on the job on January 29,1973. But, in my view, it does not follow that the writ of attachment issued and served on December 21, 1973, pursuant to the complaint filed on December 20,1973, is “void,” as held in the opinion adopted by the majority.

No claim is made that the attachment itself was faulty in some particular, such as, improper description of the property or defective service of the writ. The only…