Shockley

In 1956, Carlotta Lumber Company commenced an action against the appellant herein and caused a writ of attachment to be issued and levied upon a pickup truck, compressor and other equipment owned by appellant, Shockley. Prior to the issuance of such writ, Carlotta Lumber Company filed an undertaking on attachment whereby the respondent, General Casualty Company of America, as surety, promised that if Shockley recovered a judgment it would pay all costs and damages that might be sustained by him in the attachment suit, not to exceed $2,500. The value of the use of the property levied upon and seized by the sheriff for the time it was held was in excess of $2,500. On September 27, 1957, Carlotta Lumber Company voluntarily filed a request for dismissal of the attachment action and Shockley then demanded of Carlotta Lumber Company payment of his damages for the loss of the value of the use of the property seized and held by the sheriff by virtue of the attachment. Payment was refused.

In November of 1958, appellant, Shockley, commenced the present action against respondent to recover his damages on the surety bond issued in the attachment action. The trial court concluded that the…