126 Wash. 73 | Wash. | 1923
— The trial court found that, on August 3, 1920, the appellant began an action against the respondent and filed an affidavit on that day for attachment and issued an attachment bond; that the attachment was issued thereon and a levy made upon an automobile belonging to the respondent; that the affidavit was insufficient, and that thereafter, on the 7th of August, the appellant filed a new affidavit for attachment and new bond and a writ was issued and the automobile was again attached; that in November, 1920, the writs were duly dissolved and that there was no probable cause for the issuance of either writ, and entered judgment based on these findings against the respondent for the damages caused by the unlawful detention of the automobile and attorney’s fee. From that judgment, this appeal has been prosecuted.
We find it unnecessary to restate the rule or to enter into any analysis of these decisions; for we are satisfied that the respondent is entitled to recover because of the wrongful execution of the attachment under the second affidavit, even under any interpretation that, may be given to the decision in the Levy case; for, at: the time the second affidavit was filed, the appellant was in possession of facts which precluded the issuance of the attachment; and under the Levy case, it was the duty of the appellant to have submitted to its attorney all the facts of which it had possession, failing to do which it cannot claim immunity because of having followed the advice of counsel. Rem. Comp. Stat., § 6654 [P. C. § 865]. We are satisfied from the entire record that the judgment should be; and it is, affirmed.