Brenneman

(after stating the facts as above). The record shows that the complaint, in the action in which *513 the attachment that was levied on the property here in controversy was issued, was filed by Carstens Packing Company against J. A. Fagerberg, and contained two counts, the first being based upon a judgment therein alleged to have been recovered by the plaintiff company in February, 1913, in the superior court of King county, state of Washington, against J. A. Fagerberg, for $2,651.72, with interest, no part of which, it was alleged, had been paid, and the second count alleged that between May 10, 1914, and June 12th of the same year the plaintiff sold and delivered to J. A, Fagerberg goods, wares, and merchandise of the agreed value of $4,170.97, no part of which had been paid, and all of which was therein alleged to have been then due and owing to the plaintiff from the defendant J. A. Fagerberg.

We do not find it necessary to decide whether upon such allegations a writ of attachment issued in that action could be legally levied upon property in the actual possession of one not a party to the action, on the theory that he was a partner of the defendant thereto (see Mason v.…