West v. Gainesville National Bank

When the defendant moved to dismiss the attachment, the plaintiff filed a written' response in which it was contended: (1) that the taking of the previous bill of exceptions to this court, and the obtaining of supersedeas thereon, suspended the duty of the plaintiff to file its declaration at the first term; and (2) that the original petition for the attachment was in itself a sufficient declaration. The court passed a general order overruling the motion to dismiss. If either contention of the plaintiff be sound, the judgment should be affirmed. As the first contention (referred to in the…