Moore v. Richardson & Baldwin

The opinion of the court was delivered by

Van Syokel, J.

In Januar}r, 1900, the plaintiff filed his affidavit in the Supreme Court setting forth that the defendants were non-residents, and that they owed him the sum of $5,000.

The defendants subsequently gave bond to the sheriff, in accordance with section 33 of the Attachment act, and entered their appearance to the action.

The plaintiff thereupon filed his declaration, to which the-defendants pleaded, and the trial of the cause was noticed for May Term of the Cumberland Circuit.

At the opening of the May Term the defendants obtained a rule to…