Brown & Sanford v. McCluskey
Supreme Court of Georgia
Certiorari, in Hall Superior Court. Decided by Judge Hutchins, at September Term, 1858. Brown & Sanford sued out an attachment against McCluskey, returnable to the Inferior Court of Hall county, at January Term, 1858. At said Term of the Inferior Court, Mc-Cluskey moved to dismiss the attachment, because the affidavit stated, as the ground for suing out the attachment, that the defendant"has absconded.”
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Certiorari, in Hall Superior Court. Decided by Judge Hutchins, at September Term, 1858. Brown & Sanford sued out an attachment against McCluskey, returnable to the Inferior Court of Hall county, at January Term, 1858. At said Term of the Inferior Court, Mc-Cluskey moved to dismiss the attachment, because the affidavit stated, as the ground for suing out the attachment, that the defendant"has absconded.” Plaintiffs moved to amend the affidavit, by inserting in lieu of the words “has absconded,” the word “ absconds” — they being in Court, and ready to verify'said amendment. The Court refused…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
There are two questions in this case:
1st. Is the affidavit in attachment good as it stands ? The creditor swears that his debtor “ has absconded.” An oath in this form was held, by this Court, to be insufficent, in Levy vs. Millman and others, (7 Ga. Rep. 167.) The Attachment Act requires the plaintiff to swear that he “ absconds.” To say that the defendant “ has absconded,” may relate to the past; and at the time the deposition is made, he may have a notorious residence in the State. True, it is added, “so that the ordinary process of law cannot…
2Cases cited1 opinion
- Levy v. MillmanSupreme Court of Georgia · 1849
3Cited by3 opinions
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