Woodworth v. Skeen

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an appeal from an order of his Honor, Judge Dennis, refusing a motion by the defendant to vacate an attachment upon the ground that it was irregularly issued, in that the affidavit does not comply with the statute, in that it does not thereby appear that a cause of action exists against the defendant.

The complaint is verified and is made a part of the affidavit for attachment by reference; it may therefore be considered in determining whether a cause of action is stated.

The affirmation is that the defendant “negligently and…