Fellows v. Miller

Hood and Gray sued out a writ of foreign attachment against Miller, and had several persons summoned as garnishees. Fellows and Co. filed, under the attachment, a claim against Miller, purporting to be supported by the affidavit of one of the firm, made before a justice of the peace in Kentucky. They also filed a bond, the penalty of which was more than twice the amount of their claim. Hood and Gray moved the Court to dismiss the claim of Fellows and Co., and the motion was granted, whereupon they dismissed the whole proceeding. Fellows and Co. excepted to the dismissal of their claim, and…