Lewis & Baker v. Stewart

Willie, Chief Justice.

Our Revised Statutes authorize a writ of attachment to issue, upon the plaintiff, his agent or attorney, making an affidavit in writing that the defendant is justly indebted to the plaintiff, and the amount of the demand; that the defendant is not a resident of the state; that the attachment is not sued out for the purpose of injuring or harassing the defendant, and that the plaintiff will probably lose his debt unless such attachment is issued. Affidavit' was made to all these facts in the present case, but the attachment was quashed below because some of the facts were…