gone. The argument provestoo much. It leads to the doctrine that a motion to dissolve for mere irregularities is not lost by rebonding, for the defendant has the right by statute to make this motion at all times as he has to make the motion to discharge because the attachment was improvidently issued, and yet no case can be found ruling that, as to irregularities, the right is not lost by rebonding. On the contrary, the decisions are in the opposite direction, and some in cases of forthcoming bonds, merely. Wolf v. Cook, 40 Fed. Rep. 438; Bank v. Mixter, 124 U.S. 728, 8 Sup. Ct. Rep. 718; Lumber Co. v. Raymond, 76 Iowa, 225, 40 N. W. Rep. 821; Payne v. Snell, 3 Mo. 409; Barry v. Foyles, 1 Pet. 314
The earlier Arkansas cases cited (Delano v. Kennedy, 5 Ark. 457; Childress v. Fowler, 9 Ark. 159) are not authorities in support of appellant’s views. -When these cases were decided, the attachment proceeding was not, as it is in our own state, merely ancillary to the action. It was a component part of the action itself. The writ was attacked, not by motion, but by plea in abatement. Under such a system, the hardship of delay was real and not fictitious. Unless he should rebond, the defendant could not secure possession of his property until the issue raised by his plea in abatement could be regularly tried, and determined in his favor. In the subsequent case of Ferguson v. Glidewell, 2 S. W. Rep. 711, the same court, referring to those prior adjudications, thus state the reasons which lay at their foundation, and also the change which had been subsequently wrought: “This court held that the proceeding authorized by these statutes was in its inception a compound proceeding, combining a proceeding in rem with a proceeding in personam, each having a distinct identity, but liable to be transformed at any time before judgment into a proceeding solely in personam, and, as a whole, was founded upon the declaration, bond, affidavit, and writ, in harmonious combination; and that, should this foundation be defective, as it would be in case the affidavit, the bond, or the writ should not be in conformity with the statute, or either should vary, the one from the other, in so much as to disturb the harmony of the whole as one suit, the entire proceedings, if appropriately assailed, would necessarily fail. It fur-
