Finch v. McVean

Appeal from an order dissolving an attachment.

The action was on two promissory notes of $4,000 and $3,500, bearing interest respectively at the rates of ten and seven per cent per annum. Both are set, out in extenso in the complaint and the prayer of the complaint is for $7,500, “with interest thereon according to the terms of said promissory notes, and costs of suit.” In the affidavit for the attachment the indebtedness is stated to be “in the sum of seven thousand five hundred dollars, besides interest.” The writ of attachment recites that the action was commenced to recover $7,500,…