Dunham v. Kauffman

Mr. Presiding Justice Matchett

dissenting: Section 1 of the Attachment Act, as amended in 1935, authorizes an attachment “in any court of record having competent jurisdiction” by “a creditor having a money claim, whether liquidated or unliquidated, and whether sounding in contract or tort.” The act was further amended in 1939 (see Laws of 1939, p. 289).

The ultimate question here is whether the legislature intended by the amendment to authorize an attachment based on a purely equitable cause of action. As the opinion states: “The claimed liability to defendant can be enforced only in equity.”…