Skalowski v. Joe Fisher, Inc.

Mr. ChiEE Justice Watts

(dissenting) : This action was commenced on May 18, 1927, by the service of a summons, complaint, affidavit to obtain attachment, and warrant of attachment upon Harry Rittoff and Herbert Wile. On the same date the attachment was levied. On May 20, 1927, an amended summons, amended complaint, amended affidavit to obtain attachment, and a new warrant of attachment were served on the same persons and a second attachment' was levied. On May 23, 1927, on the plaintiff’s motion the resident Judge passed an order vacating the two attachments previously levied without prejudice…