Pottash v. Vietor
Pottash v. Vietor
Opinion of the Court
We adopt the following opinion of the court below: “The rule to dissolve attachment must be made absolute. Plaintiffs cannot ask to have the attachment preserved unless they show a cause of action which, if proved, would sustain a verdict; the affidavit filed in this case does not meet this test. The contract with Westphal [the principal] was made July 16, 1918; it had been
It need be added only that, since we agree the case was properly disposed of by the court below on the pleadings, it makes no material difference, for present purposes, whether defendant was a surety or an original debtor.
The order appealed from is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.