Bowles

This appeal is submitted under rule 17 (b), no respondents’ brief having been filed. 1 It is an appeal from an order vacating and discharging a writ of attachment.

On May 26, 1960, plaintiff filed a complaint upon a promissory note for $6,500 executed by defendants on April 4, 1960. The note is silent as to any security given to secure payment. Plaintiff’s attachment affidavit recites that the obligation “has not been secured by any mortgage, deed of trust, or lien upon real estate or personal property, or any pledge of personal property.” A writ of attachment issued and on May 27, 1960, the sheriff, through his keepers, took possession of defendants’ place of business and there remained, 24 hours per day, until June 18, 1960, when the sheriff had collected from the receipts of the business the sum of $7,853.14.

Defendants had answered the complaint on June 16 alleging *440 as a separate defense that the note was secured by a chattel mortgage and by a pledge of stock of defendant corporation.

On June 23, 1960, defendants filed their notice of motion to discharge and set aside the writ of attachment and for the return of funds held under said writ, upon the grounds…