Burnham-Munger-Root Dry Goods Co. v. Strahl

This was an action for the recovery of money. A writ of attachment was issued and levied upon a stock of goods belonging to defendant. A few days after-wards defendant executed a bond with sureties, in which they “do hereby undertake to plaintiff in the sum of $5,177.54 that the defendant shall perform the judgment of the court in this action and pay the judgment and costs rendered against him.” Afterwards defendant moved to dissolve the attachment on the ground that the affidavit was insufficient and that it was false and untrue. Plaintiff then moved to strike this motion from the files upon…