Legal Opinion

Brandenburg v. Malcolm

Appellate Court of Illinois

Decided May 23, 1902Published

Attachment.—Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge'presiding.

1Opinion of the CourtJustice Waterman

It is not enough that one making an affidavit for attachment shall be informed and believe that one or more of the statutory grounds for an attachment exist. He must make oath to the existence of the facts upon which he asks for the writ; and upon trial the plaintiff must prove such existence; not merely that he or his agent had heard or seen certain things from which the reasonable inference was and is that the debtor had done or was about to do that which under oath was alleged, but that the affidavit is true in substance and fact. Prins v. Hinchcliff, 17 Ill. App. 153; Foster v. Illinski,…

2Cases cited4 opinions

  1. Dyer v. FlintIllinois Supreme Court · 1859
  2. Archer v. ClaflinIllinois Supreme Court · 1863
  3. Foster v. IllinskiAppellate Court of Illinois · 1879
  4. Prins v. HinchliffAppellate Court of Illinois · 1885

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