Kraemer

Plaintiff appeals from an order discharging an attachment in an action on a promissory note executed by defendants.

The notice of motion given by defendants specified that the motion would be made on the grounds that the attachment had been irregularly and improperly issued and levied. By a motion made in pursuance of such a notice, a defendant whose property has been attached is entitled to question the sufficiency of the affidavit upon which the writ issued. (Stanford Hotel Co. v. Schwind Co., 180 Cal. 348 [ 181 Pac. 780 ]; Fairbanks, Morse & Co. v. Getchell Co., 13 Cal. App. 458 [ 110 Pac. 331 ].) It is well settled that if the court’s order can be upheld upon any ground urged an appellate court will not interfere. (Willett & Burr v. Alpert, 181 Cal. 652, 664 [ 185 Pac. 976 ].) The contention is made that such a ground exists in an alleged defect in the affidavit. That portion of the affidavit material to the present inquiry is in the following language: “That the payment of the same has been secured by a mortgage or lien upon real estate but that the security or lien has become valueless without the act of plaintiff or person to whom security was given.” The alleged defect is…