Ross, Keen & Co. v. Steen
Supreme Court of Florida
Writ of Error to the Circuit Court for Escambia county. Plaintiffs obtained from the Clerk of the Circuit Court a writ of attachment upon the following affidavit and bond: IN ESCAMBIA COUNTY CIRCUIT COURT, STATE OF FLORIDA. Wm. P. Ross, Alfred Keen, Josiah Morrow, Chas. K. Lincoln and John Ross, Partners as Ross, Keen & Co., vs. Joseph L. Steen.—Damages $900. “Before 'the subscriber personally appeared Wm.
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Writ of Error to the Circuit Court for Escambia county. Plaintiffs obtained from the Clerk of the Circuit Court a writ of attachment upon the following affidavit and bond: IN ESCAMBIA COUNTY CIRCUIT COURT, STATE OF FLORIDA. Wm. P. Ross, Alfred Keen, Josiah Morrow, Chas. K. Lincoln and John Ross, Partners as Ross, Keen & Co., vs. Joseph L. Steen.—Damages $900. “Before 'the subscriber personally appeared Wm. A. Blount, attorney for plaintiff, who being duly sworn says that he is informed and believes that the defendant in the above entitled cause is indebted to the plaintiffs therein in the sum…
1Opinion of the Court
The Chiee-Justice delivered the opinion of the court.
In an affidavit to procure an attachment against the property of a debtor, the elements of positiveness as to knowledge, information or belief, separately or altogether, required by the statute, must be substantially included in its terms. If one fact is required to be stated directly, and another may be stated on information and belief, there is no mistaking the intent of the statute that the first fact must be averred on something more than information and belief. Our statute requires that the party applying for an attachment, his agent…
2Cases cited8 opinions
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Pickle's Adm'r v. EzzellSupreme Court of Alabama · 1855
- Hall v. BrazletonSupreme Court of Alabama · 1867
- McNamara v. EllisIndiana Supreme Court · 1860
- Hall & Curry v. BrazeltonSupreme Court of Alabama · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Caldwell v. Peoples BankSupreme Court of Florida · 1917
- Tanner & Delaney Engine Co. v. Hall & MobleySupreme Court of Florida · 1886
- J. Pollock & Co. v. George R. Murray & Co.Supreme Court of Florida · 1896