Attica State Bank v. Benson

*567The opinion of the court was delivered by

Milton, J.:

This action was commenced March 20, 1890, by plaintiff in error on a promissory note, and during its pendency a writ of attachment was issued at the instance of the plaintiff and levied on the property of the defendant J. H. Rather, who thereafter filed a verified denial of the grounds of the attachment affidavit. The defendants pleaded that Benson was principal and the others sureties on the note, and averred that the note was given for usury. On March 27, 1893, the defendant Rathpr filed his motion to discharge the attachment, and on the…