Dygert v. Clem

*287The lower court overruled a general demurrer to the complaint, and a motion to' dissolve the attachment, and, on defendants’ election to stand on the demurrer and' motion, entered judgment, sustaining the attachment and requiring that defendants, Dygert and Cockran, deliver up three certain promissory notes of $700 each, or, that plaintiffs recover from them $2,100 and interest. These two defendants bring error.

The court erred in sustaining the attachment. The first section of the attachment act (Sec. 91, Mills’ Ann. Code) specifically provides that an attachment may issue in “an action on…