Boyd

— This appeal is prosecuted by defendant from an order refusing to dissolve a writ of attachment. It is urged that the affidavit on which the writ of attachment was issued was insufficient, and therefore the court below erred in its ruling. The insufficiency claimed is, that the affidavit does not show that the promissory note on which the indebtedness set forth has accrued, and which furnished the subject-matter for the issuance of the writ, was owned by the plaintiff.

We cannot concur in this contention. It does appear, with sufficient certainty, in our judgment, by the statements of the affidavit, that the plaintiff owmed the note. It is stated, in the first portion of the affidavit, that the defendants (naming them) are indebted to the plaintiff in a sum indicated, over and above all legal set-offs and counterclaims, upon an express contract, for the direct payment of money, viz., on. a certain promissory note, *388 which is described as being for twenty thousand dollars, dated March 14, 1887, payable May 13, 1887, made by the California Land and Timber Company to the order of Charles Kohler, and indorsed by defendants. Though, as argued on behalf of defendants, it is not…