Soule v. United States Fidelity & Guaranty Co.

— An appeal from a judgment in an action to recover damages against appellant as surety upon an undertaking on attachment.

The undertaking was filed and an attachment issued and levied on property owned by respondent in an action for money had and received brought against him by one Collins, the trial of which resulted in a judgment for respondent. No proceedings were had to dissolve or vacate the attachment, which was discharged by virtue of the judgment.

In the instant case there was included in the amount for which judgment was entered a sum paid as a counsel fee in defending the action…