First National Bank v. Willingham

Taylor, J.:

On the 2d day of December, 1890, the appellant instituted its suit by attachment in the Circuit Court of Polk county against the appellee, causing the writ to-be levied upon divers parcels of land in that county belonging to the appellee.

The defendant (appellee here) before pleading moved the court to dissolve the attachment and to dismiss the-suit upon divers grounds, the first of which was: “Because no sufficient affidavit to warrant the issuance of a writ of attachment has been filed in said cause;” and. the third being: “Because said affidavit is not sworn. *33to before the clerk…