Cohen v. Manco
Supreme Court of Georgia
Attachment from Whitfield county. Decision by Judge Tripps, at October Term, 1858. John L. Cohen sued out an attachment against Martin Manee, an absent debtor.
Read the full summary
Attachment from Whitfield county. Decision by Judge Tripps, at October Term, 1858. John L. Cohen sued out an attachment against Martin Manee, an absent debtor. At the term of the superior court to which the attachment was returnable, counsel for defenant moved to dismiss the case, on the ground, that there was no affidavit as required by law.- The paper or writing purporting to be the affidavit made by plaintiff, prior to suing out the attachment, was not signed or subscribed by him, but was as follows: State of Georgia, J. L. Cohen comes before the Whitfield County, undersigned, and on oath…
1Opinion of the Court
By the Court.
Penning, J.,
delivering the opinion.
Was the court right in holding, first, that the affidavit ought to have been signed by the plaintiff; secondly, that the defect of a want of his signature was not amendable ? We think it was.
The attachment act says, that “ before process of attachment shall issue, the party shall make affidavit,” &c. Acts of1856, 25. An affidavit is an oath in writing, signed by the party making it. What is not so signed, is not entitled to be called an affidavit.
Then, the act gives the form of the “ affidavit,” and in that form a place seems left for the…
2Cited by3 opinions
- Witbeck v. HardemanCourt of Appeals for the Fifth Circuit · 1931
- Meadows v. AlexanderCourt of Appeals of Georgia · 1907
- In re McKibbenDistrict Court, E.D. Michigan · 1874