Swain

Plaintiff brought this action to recover a large sum of money as damages which he alleged he had been made to suffer through the acts of the defendants. The demurrer of the defendants to the third amended complaint of the plaintiff was sustained. Plaintiff declined to amend, whereupon judgment was rendered against him. Plaintiff appealed.

All of the damages alleged to have been sustained by the plaintiff were attributed to the alleged wrongful issuance of a writ of attachment in a civil action brought by the first-named defendant against the plaintiff. Defendants Workman and Cottle were sureties on the undertaking given to secure issuance of the attachment writ. The demurrer of the defendants assigned: First, the general ground that sufficient facts were not stated in the complaint to constitute a cause of action; second, “that several causes of action are purported to be set forth and are not separately stated, in that said complaint attempts to state in one and the same count a cause of action for malicious attachment and a cause of action upon an undertaking in attachment”; third, that there was a misjoinder of parties defendant. The complaint was so clearly vulnerable to the…