Minnehoma Financial Co. v. Johnson

The only parties before this court are an attaching creditor and the sureties on a replevy bond in attachment. The issue between them is the right of those sureties to quash or abate a writ of attachment on the ground that the attaching creditor directed the officer to levy upon personal property, some of which it knew did not belong to the defendant. The trial court, upon motion of the sureties and their principal upon the replevy bond, quashed the writ of attachment and discharged the sureties from liability under the bond. The Court of Civil Appeals affirmed. 253 S. W. 2d 475.

The…