Rushing v. . Ashcraft

Here the plaintiff invoked the aid of the provisional remedy of attachment as ancillary to his action, and the primary question presented by the appeal relates to the validity of the defendant’s undertaking therein. C. S., 815.

It was held in a well reasoned opinion by Clarkson, J., in Bizzell v. Mitchell, 195 N. C., 484, that by giving a bond or undertaking the defendant in attachment is not estopped to traverse the ground on which the warrant was based. And it was also decided in that case that when defendant has given bond the truth of the facts alleged in the affidavit to procure the…