Penney v. Burns

ANDERSON, Chief Justice.

This is an action on an- attachment bond for damages, principally attorney’s fees, for defending the attachment suit, which said attachment had been wrongfully sued out, for the reason that there was no debt owing the plaintiff by the defendant in said attachment suit.

These appellants, by various methods, attempted to confine the appellee’s right to recover the fees to service rendered in the defense of the attachment strictly as distinguished from the claim for indebtedness as set out in the complaint accompanying the attachment.

It has been often held that where there…