Morneault

This is an appeal from a judgment entered in favor of the plaintiff and against the defendant for the principal sum of five hundred dollars. The alleged liability of the defendant to the plaintiff arose by reason of the following facts: On about the 15th of April, 1915, one Dennis commenced an action against respondent herein, seeking to recover the sum of one thousand dollars. Dennis took out a writ of attachment in the action, giving a bond in the sum of five hundred dollars to indemnify the plaintiff for any damages which he might suffer by reason of the issuance of the writ. The undertaking on attachment was in the usual form and was conditioned that “the said plaintiff will pay all costs that may be awarded to the said defendant and all damages which the said defendant may sustain by reason of the said attachment, not exceeding the sum of five hundred and no'/100 ($500.00) dollars. ...” Upon receiving the writ of attachment the sheriff proceeded to levy upon an automobile owned by respondent here, who was the defendant in the case mentioned, and the autoipobile was held under attachment from April 16, 1915, to August 2d of the same year. On the latter date judgment was…