State Ex Rel. Grace v. Smiley

Appellant applied to appellee, who is clerk of the municipal court of Birmingham, First Division, for a writ of garnishment, but refused or failed to make affidavit that the demand or debt due to the defendant, which appellant as plaintiff sought to condemn was not exempt to defendant, or that it was for necessary articles of comfort and support furnished to defendant or his family and were suitable to the degree and condition in life of defendant or his family, and for nothing else. Because of this omission from the affidavit — otherwise in sufficient form, it may be inferred — appellee, as…