Discharge of attachment on motion.
Section 441
SEC. 441. Discharge of attachment on motion. — The defendant may also at any time either before or after the release of the attached property or before any attachment shall have been actually levied, upon reasonable notice to the plaintiff, apply to the judge or justice of the peace who granted the order of attachment, or to the judge of the court in which the action is pending, for an order to discharge the attachment on the ground that the same was improperly or irregularly issued. If the motion be made on affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to those on which the attachment was made. If upon such application it satisfactorily appears that the writ of attachment was improperly or irregularly issued, it must be discharged.