Campbell v. Whetstone

This was a foreign attachment, commenced in the Madison Circuit Court, by Campbell against Whetstone, founded upon an affidavit made before a justice of the peace, but filed with the clerk of the Circuit Court. A motion was submitted in that Court, to dismiss the writ for that reason, pending which, the plaintiff entered his motion to amend, by filing another affidavit before the Clerk. The Court denied this motion, and allowed the defendant’s motion to dismiss, to which an exception was taken. These decisions of the Court are assigned as error, by the appellant. When the motion was made at…