McMillan v. United Mortgage Co.

Barrett, D. J.,

dissenting:

I dissent.

The appellant has described the problem here involved in his statement of the nature of the action, “This is an appeal from an order denying motion to discharge a writ of attachment.” It is the position of this writer that the decision of this court should be limited to that issue alone, and should not in anywise be based upon a possible ground for a motion to dismiss the entire action, which, it seems to me, is the basis of the majority opinion. If a ground for dismissal exists, then the appellant should have pursued that course under Rule 12, NRCP. At…