Dunbar

This is an appeal by the defendant from an order of the Municipal Court for the Oakland-Piedmont Judicial District denying defendant’s motion to vacate an attachment.

The agreed statement on appeal shows that .on March 30, 1967, plaintiff mailed to defendant by regular mail a notice that a writ of attachment on his earnings would issue after eight days from the date of the notice. On May 26, 1967, plaintiff filed a complaint in the action and a summons and writ of attachment were issued on the same day. On June 1, 1967, plaintiff filed with the Sheriff of Alameda County a declaration dated May 25, 1967, stating that the defendant had been sent an eight-day notice. Thereafter defendant moved to discharge and vacate the attachment and this appeal is taken from the order of the trial court denying said motion.

The question before us is : Was plaintiff’s affidavit (Exhibit C) sufficient to overcome the provisions of section 558, Code of Civil Procedure which provides in part as follows: “If upon such application, it satisfactorily appears that the writ of attachment was improperly or irregularly issued it must be discharged; provided that such attachment shall not be discharged if…