Simpson

This action was brought to recover damages from the defendant as surety on an attachment undertaking given in another action heretofore brought in this court. Plaintiffs here (defendants in the attachment suit) moved to dissolve the attachment under which a levy had been made, on the ground that plaintiff was not entitled thereto. The motion was granted. *390 The time included between the levying of the attachment and the dissolving thereof under the court’s order was two days. The property attached consisted of money, amounting to the sum of $7,988.56.

Without reviewing the facts as the evidence shows them to be, my conclusion is that the money attached was released from the control of the plaintiff in the attachment suit immediately upon the making of the order dissolving the attachment, and that no diminution of the "amount was caused by reason of the levy. Damages for the detention of the money attached would be the value of its use, or interest at the legal rate of 7 per cent, for a period of two days. There is to be added, also, the amount of $10, court costs paid by these plaintiffs on account of their action to dissolve the attachment.

There is a further item of damage…