Constable & Co. v. White
Ohio Superior Court, Cincinnati
Motion to discharge attachment. The affidavit on which the attachment issued is as follows : ££ The State of Ohio, Hamilton County.
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Motion to discharge attachment. The affidavit on which the attachment issued is as follows : ££ The State of Ohio, Hamilton County. E. A. Thomp£C son, attorney for plaintiffs, makes .oath and says that £l there is due from the defendant to the plaintiffs, for ££ goods and merchandise sold and delivered by plain- ££ tiffs to the said defendant the sum of five thousand dol- £< lars; that said claim is just; that said plaintiffs ought ££ to recover from defendant the sum of five thousand dollars, with interest from tenth day of October 1854. ££ Affiant further states that said defendant is a…
1Opinion of the CourtCtHOLSON, J.
I am of opinion that the objection to the attachment is not well taken. The statute (Code 192) requires that the affidavit shall show “the nature of the plaintiff’s claim.”
The preceding section of the Code provides that the claim must be one for the recovery of money, and in the case of a non-resident, must be founded upon contract, judgment, or decree. If the only reason for the requirement that the nature of the claim must be shown, is to be found in these provisions of the statute, the statement in the affidavit is amply sufficient to show that the case is one embraced by them. But, if…
2Cited by4 opinions
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- American Manufacturing Co. v. National Supply Co.Lucas Circuit Court · 1907
- Putnam, Hooker & Co. v. LoebFranklin Circuit Court · 1887
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