Elling v. Kirkpatrick

This is an appeal from an order dissolving an attachment. Our statute provides, among other things; that an attachment may issue, if the party applying for the same is not secured by mortgage, lien, or pledge, upon real or personal property. The affidavit for an attachment is in compliance with the statute, and sets forth that the debt for which the plaintiff brings the action is not secured by any mortgage, lien or pledge upon real or personal property. The testimony shows that the respondents (defendants] were the owners of a large stock of merchandise, and being in embarrassed…