John R. Hitchens, Inc. v. Phillips Packing Co.

Rodney, J.,

delivering the opinion of the Court:

We think the statute is clearly divisible into two parts. The first part, the commencement, is the statement as to the person who shall make the affidavit, viz., “the plaintiff, or any credible person for him.” The second part is the affidavit itself, which furnishes the jurisdictional ground for the issuance of the attachment. Insofar as this case is concerned, these are that the defendant is justly indebted to the plaintiff in a stipulated amount, and is a non-resident of the State.

While it is objected that the words “credible person” should…