Pinola Lumber Co. v. Husbands
Pinola Lumber Co. v. Husbands
Opinion of the Court
delivered the opinion of the court.
Appellee sued out a writ of attachment and levied upon a carload of lumber belonging to appellant, Pinola Lumber Company. Issue on a plea in abatement was tried, resulting in a verdict sustaining the attachment. The affidavit upon which the writ was, issued set up several grounds for attachment, and after all the evidence was introduced the defendant below requested a peremptory instruction to find for defendant which was refused by the court.
Reversed and remanded.
Reference
- Status
- Published
- Syllabus
- Attachment. Direction of verdict. Failure of evidence. It is error to refuse a peremptory instru'ction for the defendant in an attachment suit where the evidence wholly fails to sustain any one of the grounds upon which the attachment was sued out.