Rowe v. Stoddard

This is an appeal from an order denying a motion to recall and quash a writ of attachment which was prematurely and wrongfully granted prior to the issuing of the summons in this suit.

The complaint in this case was filed November 16, 1935. On the same day a writ of attachment was wrongfully issued therein and forthwith levied upon certain personal property belonging to the defendants. The summons was not then issued, and so far as the record discloses, it has never been issued. No written undertaking on attachment was filed as required by the provisions of section 539 of the Code of Civil…