Work v. Titus
Supreme Court of Florida
Writ of Error to the Circuit Court for Duval county. On the 15th day of August, 1867, a suit in assumpsit by attachment was commenced in the circuit court for Duval county, by W. A. Work & Son, against Henry T. Titus. An affidavit, hond, and praseipe were duly filed as of that day, a writ of attachment issued, and certain goods of the defendant were attached thereon. The affidavit was made by George D. Gilchrist, and described him as agent of the plaintiffs.
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Writ of Error to the Circuit Court for Duval county. On the 15th day of August, 1867, a suit in assumpsit by attachment was commenced in the circuit court for Duval county, by W. A. Work & Son, against Henry T. Titus. An affidavit, hond, and praseipe were duly filed as of that day, a writ of attachment issued, and certain goods of the defendant were attached thereon. The affidavit was made by George D. Gilchrist, and described him as agent of the plaintiffs. The hond, in the usual form, with two sureties, was executed by said Gilchrist as principal, “upon condition that W. A. Work & Son pay…
1Opinion of the Court
Hon. T. T. LONG, Judge of the Suwannee Circuit'
(who sat in this case in place of Baker, J., disqualified), delivered the opinion of the court.
The rulings of the court excepted to and relied on are as follows:
1st. That the court erred in holding that the bond was insufficient, “ inasmuch as George D. Gilchrist, the party principal thereto, is not described in the said bond as agent of plaintiff; nor does it appear that said bond was executed by the said plaintiffs or their agents.”
The statute requires, before a writ of attachment can issue, that the parties suing out said attachment must make…
2Cited by3 opinions
- Tanner & Delaney Engine Co. v. Hall & MobleySupreme Court of Florida · 1886
- Corbin v. St. Lucie River Co.Supreme Court of Florida · 1955
- Strong v. Lake Weir Chautauqua & Lyceum Ass'nSupreme Court of Florida · 1889