Massachusetts Bonding & Insurance v. United States Conservation Co.

(After stating the foregoing facts.)

One against whom an attachment is sought, although none of his property has been actually seized by a levy, may sustain serious financial damage as a result of the mere pendency of the initiatory process created by the filing of the affidavit and bond for attachment. It does not follow, however, that for such he can recover upon the statutory bond required of the plaintiff in attachment under the Civil Code (1910), § 5057. The liability upon the bond arises out of a contractual relationship, and is limited by the terms of the contract. The bond permits a…