Bizzell v. . Mitchell

The sole question presented on this appeal is H. L. Bizzell, the surety on the undertaking, released? No motion to vacate the attachment having been made before a replevy bond was given, hut the jury and the judge each having found as a fact at the trial that no grounds of attachment did exist, was the court in error in vacating the attachment and discharging the surety on the attachment bond? We think not. We decide it here on the theory it. was.tried in the court below.

We must note in the beginning that this is an attachment proceeding— a provisional or ancillary remedy. We are governed by…