Conklin v. Goldsmith
Supreme Court of Florida
Appeal from the Circuit Court for Santa Rosa County. On the 10th day of February, 1853, Moses ~W. Garrison, agent for the appellants, applied to and obtained from tlie Clerk of the Circuit Court for Santa Rosa County, at the instance and in the name and for the use of the appellants, against the appellees, a writ of attachment, returnable to tbo next term of tbe Circuit Court for said County.
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Appeal from the Circuit Court for Santa Rosa County. On the 10th day of February, 1853, Moses ~W. Garrison, agent for the appellants, applied to and obtained from tlie Clerk of the Circuit Court for Santa Rosa County, at the instance and in the name and for the use of the appellants, against the appellees, a writ of attachment, returnable to tbo next term of tbe Circuit Court for said County. The bond required to be executed by the statute of this State in all cases of attachment was executed by Garrison, the agent, in Ms own name, binding bimself and not his principals. The appellees…
1Opinion of the Court
SEMMES, J.:
This was an attachment suit brought by appellants against the Respondents.
The attachment bond was signed by Moses W. Garrison as agent, binding himself and not his principals, Conklin & Smith.
Upon motion, the Court below quashed the attachment, because the bond was not given in the name of the principals, and the question for our consideration is, whether this was necessary to the validity of the writ ? Ve confess the point is not free from embarrassment. The whole difficulty arises out of the peculiar phraseology of the statute, which to say the least, renders the intention of the…
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- Marshall v. RavisiesSupreme Court of Florida · 1886
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