Harris

The plaintiff commenced an action to recover damages for an alleged wrongful attachment. The defendants answered and the case was tried before the court sitting without a jury. When the plaintiff had finished introducing his case and rested the defendants made a motion that the trial court order a nonsuit. The motion was granted. From the judgment entered thereon the plaintiff has appealed and has brought up a bill of exceptions.

In his complaint the plaintiff alleged that John B. Ellison & Sons of Philadelphia were doing business in San Francisco; that T. D. Harter and F. A. Perrigo, copartners, were doing business in San Francisco; that on the second day of September, 1921, the defendants John B. Ellison & Sons and the co-partnership Harter & Perrigo commenced an action in the superior court against M. L. Harris upon an alleged account for goods sold and delivered, claiming $2,263.01; that thereupon defendants took out a writ of attachment for the sum alleged to be due and caused said writ to be levied September 3, 1921, on the furniture, equipment, fixtures, and goods in plaintiff’s place of business in Oakland; that the sheriff retained possession thereof until the said M. L.…