Crane

Appeal from an order dissolving an attachment.

On the tenth day of August, 1893, the plaintiff brought his action in the superior court of the city and county of San Francisco to recover from the defendant, a banking corporation, a certain sum alleged to have been deposited with it as a commercial deposit, and, on the same day, procured a writ of attachment to issue in said action, and which was on the same day levied upon assets of said bank sufficient to cover his claim.

On November 17, 1893, the defendant served upon plaintiff notice of a motion to dissolve said attachment “ upon the ground that the attachment was improperly issued and levied, and on the ground that said attachment is dissolved by operation of law by reason of the transaction of unsafe business, and the insolvency and *66 suspension of business by said Pacific Bank, defendant, prior to the issuance of said attachment, and by reason of the judgment of said superior court, duly made and entered, that it was unsafe for said bank to continue business, and that said bank was insolvent, and enjoining said bank from transacting business.”

Said motion was based upon affidavits served therewith, and upon the records…