LARSON, Justice.
Defendant herein filed an amended counterclaim alleging a wrongful attachment as contrary to section 639.2, Code of Iowa 1954, I.C.A., in that it was issued after the action was commenced, but without the filing of a separate petition or amendment to petition. It is his contention that, therefore, the court was without jurisdiction to order or issue the writ. The trial court dismissed the counterclaim and defendant appeals.
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