Defendant appeals from an order denying his motion to dismiss certain attachments.

This appeal presents many of the same questions that were decided by the district court of appeal in Nichols v. Davis, 23 Cal. App. 68 , [ 137 Pac. 41 ]. The dispute here is between some of the same parties, the difference being that in the former case Rosina P. Davis was a co-defendant with her husband while in this action he is the sole defendant. Counsel for appellant call our attention to the fact that the notes on which that suit was based were signed only by the defendant and his wife, while those involved in the present action were executed by him jointly with the Keystone Construction Company, which latter circumstance, it is argued, lends additional and convincing weight to appellant’s sworn allegations that he signed only as a surety and that the indebtedness -was secured by assignment to the bank (the real creditor) of certain paving contracts belonging to the corporation. The obvious answer to this contention is that in the decision of the motion to dismiss the attachments in that case as in this, the court acted upon conflicting affidavits, and while this case may have some elements in appellant’s favor not appearing in the other one, we cannot say that the court erred in accepting the truth of the allegations of the affidavits filed on respondent’s behalf. The affidavits with reference to the alleged security are in all essential particulars the same in both cases except that different notes are involved in the two actions. The opinion of the district court of appeal is therefore applicable to both cases.

In this case, as in the other of the same title, the original affidavit of attachment was signed by the plaintiff. Later the court permitted counsel for plaintiff to file an amendatory affidavit signed by one of their number. The original affidavit contained the following language (referring to the promissory notes) : “That such contracts were made and are payable in this state, and that the payments of the same have not been secured by any mortgage or lien upon real or personal property, or any pledge upon personal property.” The amended affidavit varies the above phraseology by inserting after the word “same” the words “or of any part of the same.” A more specific description of the note was contained in counsel’s affidavit than that which appeared in the one signed by plaintiff. Upon the authority of the opinion of the district court of appeal cited above, we conclude: 1. That the affidavits do not show affirmatively, as appellant asserts they do, that there was any security for the notes in the shape of a lien on personal property; 2. That it was proper to permit the filing of an amendatory affidavit; 3. That the court did not err in allowing the filing of the latter affidavit signed by counsel rather than by plaintiff; 4. That the amendments permitted were not to the substance but merely to the form of the affidavit; and, 5. That the affidavits were sufficiently certain as to the amounts claimed to be due.

The only other point made by appellant is that as he traversed by affidavits the statement contained in the general affidavits of plaintiff on attachment, the burden of proof then shifted to plaintiff to show by detailed evidentiary facts that the 'general conclusions drawn were correct. He asserts that under this rule it was incumbent upon plaintiff to produce the best evidence,—namely, the assignments of the contracts by the Keystone Construction Company, rather than the affidavit of Mr. Naylor containing the conclusion that the said assignments had no relevancy to the notes in suit. It is immaterial here upon whom' the burden is cast in a motion to dissolve a writ of attachment. The issue was presented and the court decided it upon the conflicting evidence. Nor was it necessary for respondent to introduce the assignments of the contract. Such assignments would prove nothing more than that which was admitted. The important matter was the relation of these assigned contracts to the notes mentioned in the complaint and in the affidavit of attachment. Mr. Naylor, an officer of the bank, met the averment that there was security for the notes in the shape of assigned contracts by an affidavit declaring in detail the purposes for which the assignments were made. It was for the trial court to weigh this testimony and to determine the facts from it. Assuming, without deciding, therefore, that the burden of proof shifts to the attaching creditor upon a mere denial by affidavit of the truth of the affidavit on attachment, that burden was in this case met by'the affidavit of Mr. Naylor, detailing the transaction between the bank and the Keystone Construction Company, which was evidently accepted by the trial court as the truth. Even where the evidence upon such a motion leaves the facts in doubt the court will not interfere. (Note 4 Cyc. 797.)

The opinion of the district court of appeal to which we have referred above is as follows:

The order from which the appeal is taken is affirmed.

Henshaw, J., and Lorigan, J., concurred.