Steinberg
Steinberg v. Jacobs
Opinion
Lead Opinion
Lennon, J.
This action was instituted to recover a money judgment against defendants both individually and as copartners. Summons was issued in the action contemporaneously with the filing of the complaint, and immediately thereafter a writ of attachment, directed against the copartnership property of all of the defendants, was issued on the affidavit and undertaking of the plaintiff. Upon motion of two of the defendants, Moss and Molsness, the lower court dissolved the writ of attachment as to all of the defendants. Thereafter the plaintiff moved the lower court (1) for an order setting aside its previous order dissolving the writ of attachment; (2) for an order modifying its previous order dissolving the attachment so as to read that “such writ be discharged and dissolved as to the defendants H. Moss and B. F. Molsness, and remain in full force and effect as to the defendant Abraham Jacobs.” The lower court denied this motion in part and granted it in part, that is to say, it denied plaintiff’s motion to set aside in its entirety the previous order dissolving the attachment, but ordered the same to be amended so as to read that “the writ of attachment issued in the above entitled action be…