Magee v. Fogerty

Wade, O. J.

This is an appeal from an order discharging an attachment. It appears from the record that the complaint was filed, and summons and writ of attachment issued, on the 21st day of August, 1884; that the defendant answered on the 18th day of September, 18S4; that a substituted motion to discharge the attachment was filed on the 21st day of April, 1886; and that said motion was granted, and the attachment discharged, on the 26th day of said month. A motion to discharge an attachment must be filed before the time for answer expires. Code Civil Proc. § 198. The reason for this…