Gale v. Seifert

Dickinson, J.1

In this action, a writ of attachment having been levied upon real property of the defendant, the same was discharged by the court upon a bond being given pursuant to Gen. St. 1878, c. 66, § 157. The plaintiff appealed.

The order was appealable as an order vacating an attachment. The only defect in the proceedings was that the bond upon which the-attachment was discharged did not bear a certificate of the acknowledgment of the same by the sureties, as required by rule 4 of the district court. It did bear the proper affidavit of justification by them. There is no suggestion that…