Byard v. National Automobile & Casualty Insurance

National Automobile and Casualty Insurance Company appeals from the judgment entered against it following a non jury trial of an action brought by respondents upon an undertaking on attachment filed pursuant to section 539 of the Code of Civil Procedure.

In the prior action in which appellant’s undertaking was filed, respondents’ real property was attached and their motion to quash the attachment was denied. Thereafter a trial on the merits was concluded by a judgment in respondents’ favor. They were awarded their costs, which were paid. Subsequently they filed the instant action against…