Miller v. Chandler

The opinion of the court was delivered by

Make, J.

This suit was brought to recover a sum alleged to be due to plaintiff by defendant for his services as captain of defendant’s steamboat Welcome. The petition charges that the defendant employed plaintiff and agreed to give him one-tnird of the earnings of the boat for his services.

On the usual affidavit, process of attachment was issued against the property of defendant, who resided in the State of Arkansas, and the property attached was released on bond.

Defendant moved to set aside the attachment on the grounds —

First — That the affidavit is…