Lyon

On motion for a new trial.

The action is upon a statuatory undertaking, given by the defendant, in a suit-against these upon obtaining a writ of attachment against .their property, in which, upon a discontinuance, judgment was entered in favor of these plaintiffs.

In support of this motion, the only ground., relied upon is error, in refusing to allow plaintifls to prove, as damages, injury to their credit andireputation as merchants, by reason of the attachment anti levy.

In specified cases our practice act (§120) provides that the plaintiff, in aú action, may have the property of defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment. Upon issuing the writ, the plaintiff in the action as required (§122) to give an undertaking in a sum to be fixed in each case, with sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking. The attachment is not executed if the defendant gives an undertaking,…