First National Bank v. Randall

Dickinson, J.1

This is an appeal by the plaintiff from an order of the district court, vacating a writ of attachment against the property of the defendants, J. J. and C. S. Randall. The appellant claims that the defendants had no right to move for the vacation of the attachment, because (1) the time.for answering had expired, and, while *383.an answer bad been made, it was frivolous, and constituted no de.fence; (2) it did not appear that there had been any levy made under •the writ of attachment; and (3) the defendants had made a general statutory assignment of all their property for the benefit…