Scurich

This is an appeal by defendant, Stephen Scurich, from an order of the trial court, refusing to discharge a writ of attachment as to said defendant, that had been issued in the above-entitled action, and been levied upon property of said defendant as well as upon property of the defendant corporation.

The motion was made under section 556, Code of Civil Procedure, upon the ground that the writ was improperly and irregularly issued as to appellant in this, that the complaint fails to state a cause of action against appellant, and that the affidavit for attachment is insufficient in that it fails to show “that the said attachment is not sought and the action is not prosecuted to hinder, delay or defraud any creditor of defendant Scurich.”

The action is one upon a promissory note, and is against the defendant corporation as the maker thereof, and against the other defendants, including appellant, as indorsers thereof. By its terms the note is payable one day after date, and the complaint fails to allege that any demand was made on the maker on said day, or any notice of dishonor served at that time—the first demand and notice alleged being made and given about twenty months after…