Moore v. McElrath

The opinion of the Court was delivered by

Mr. Justice Cothran.

Appeal from an order refusing the motion of the defendant J. E. McElrath to dissolve an attachment issued upon an affidavit alleging the nonresidence of the defendant. The motion was made upon the ground that said allegation was untrue. The matter was heard by his Honor, Judge Sease, upon affidavits pro and con he refused the motion in an order dated August 4, 1923, holding that the evidence .submitted convinced him that the allegation of nonresidence was sustained. From this order the defendant has appealed.

It is established that…