Hoxsie

after stating the facts in the foregoing language, delivered the opinion of the court.

The Alaska Code of Civil Procedure provides, in chapter 14 (Act June 6, 1900, c. 786, 30 Stat. 353 ), for an attachment proceeding. Section 135 provides when plaintiff may have defendant’s property attached. Section 136 provides that the writ of attachment shall be issued by the clerk of the court in which the action is pending whenever the plaintiff, or any one in his behalf, shall make and file an affidavit showing certain particulars concerning defendant’s indebtedness, the absence of security, and that the attachment is not sought nor the action prosecuted to hinder,' delay, or defraud any creditor of the defendant. Section 137 provides as follows: “Upon filing the affidavit with the clerk, the plaintiff shall be entitled to have the writ issued as ■ soon thereafter as he shall file with the clerk his undertaking, with one or more sureties, in a sum not less than one hundred dollars, and- equal to the amount for *193 which the plaintiff demands judgment, and to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages that he may sustain by…