Kipp v. Paul

This is a companion case to Kipp v. Paul, ante, p. 513, 103 Pac. (2d) 675, decided this day, and the allegations of the complaint are the same as in that case, except that here the defendant is a co-surety and the suit is for the co-surety’s proportionate share of the amount paid by the plaintiff on the principal’s obligation. Property of the defendant was attached on this complaint. Payment and demand of defendant for contribution are alleged. Defendant thereafter filed a motion to have the attachment discharged and the levy quashed on the grounds: (1) That the allegations of the complaint…