Alvaton Mercantile Co. v. Caldwell

1. This was a suit in attachment, where a replevy bond had been given, and a traverse filed to the grounds of the attachment. When the ease was called it was not error for the judge, over the objection of the plaintiff in attachment, to order that the trial proceed on the traverse alone. While section 5107 of the Civil Code provides that' no traverse of the attachment proceedings shall delay judgment on the declaration where personal service has been perfected, yet. a traverse to the grounds of attachment should be first disposed of, unless it be continued for cause. This provision of the…