Coral Gables Corp. v. Hamilton

(After stating the foregoing facts.)

We are of the opinion that the court did not err in overruling the motion to dismiss, based upon the ground that the court was without jurisdiction. It may suffice to say that under the provisions of our Civil Code (1910), § 5055, non-residence of a defendant is one of the grounds of attachment; and under the provisions of section 5102 the plaintiff in attachment is required to file a declaration at the term succeeding the levy of the attachment, which is, for the purpose of the proceedings, in a sense the appearance term of the case. Under the provisions…