Buob v. Ochs

This is an appeal from an order quashing a writ of attachment issued in an action for damages arising out of an automobile accident. The affidavit in support of the writ of attachment was not controverted, and the matter comes here as a pure question of law.

The motion to quash the writ was upon the ground that a writ of attachment may not issue in a tort action.

Rem. Rev. Stat., §§ 647, 648 [P.P.C. §§ 11-1, -3], read as follows:

“§ 647. Attachment—Time for granting. The plaintiff at the time of commencing an action, or at any time afterward before judgment, may have the property of the…