Fink v. Allen

Rees, J.:

This is a wrongful attachment action brought against the principal and surety on a statutory bond. Plaintiff Ron P. Fink seeks to recover on an attachment bond the damages he sustained when his property was seized pursuant to an order of attachment issued at the direction of defendant Jerry Allen in an underlying action brought by Allen against one Robert Gray and to which Fink was not a party. The district court granted judgment in favor of Fink against Allen’s surety on the bond, United States Fidelity. & Guaranty Life Insurance Company (USF&G). USF&G appeals.

The dispositive issue…