Fulwider v. Benda

Plaintiff, having sued the defendant upon money demand, procured the levy of an attachment upon certain of defendant’s property. Subsequently, on, defendant’s motion, an order was made in the court below dissolving the attachment, from which order plaintiff has appealed.

No procedural defects are claimed, and the entire controversy between the parties is as to whether or not the record shows sufficient grounds to justify the issuance of the attachment. The entire matter having been presented below upon affidavits, there is no presumption in favor of the determination of the learned trial judge…