Grote

This is an appeal by plaintiff James F. Grote from a judgment in favor of appellant and his co- *384 plaintiff in an action upon an attachment bond. The judgment awarded plaintiffs $50 which represented costs of suit allowed plaintiffs in a former attachment action wherein certain funds claimed by plaintiffs herein were wrongfully attached. Appellant contends that the disallowance of additional damages claimed to have been the result of wrongful attachment was error.

The complaint in the present action alleges that the writ of attachment “was regular on its face and for that reason not subject to a motion to vacate or dissolve it; that these plaintiffs had no other adequate remedy at law to dissolve said attachment, except to appear and defend said action on its merits, . . . .” Plaintiffs herein sought damages in the sum of $500 attorney’s fees, allegedly paid for the defense of the attachment action, and interest on the money attached in the sum of $125, in addition to the $50 costs awarded in the prior action.

The answer of the defendant, American Surety Company, is not made a part of the record in this case. However, it appears in the pretrial conference order that the…