Carter Bros. v. Wise County Coal Co.

Opinion by

Willson, J.. §313. Garnishment; affidavit for. An affidavit for an attachment may be made by the attorney of the plaintiff. [R. S. art. 5; W. & W. Con. Rep. § 1040.] It was not required in this case, there being a judgment against the debtor, that the affidavit should state that the writ applied for was not sued out to injure either the defendant or the garnishee. This requirement applies only where the writ is sued out before judgment obtained against the debtor. [R. S. art. 183, sub. 2.] It was not a good objection to the affidavit that it was in the alternative; that is, that it…