Forbes & Bro. v. Porter

Mitchell, J.:

On March 12th, 1886, the appellee (plaintiff below) commenced an action of assumpsit upon open account, in Marion Circuit Court against the appellants (defendants below), and on the same day instituted attachment proceedings against the defendants upon the same cause of action — the open account — under the statute. McClellan’s Digest, page 111, section 4.

The plaintiff filed his declaration in assumpsit. The writ *363issued under the attachment proceedings and was executed by being levied upon the property, real and personal, of the defendants.

The affidavit upon which the attachment…