Cassady v. Williams

BROWN, Justice.

This is an action by a mortgagee against the tenant of the mortgagor to enforce an alleged landlord’s lien for rent, the plaintiff claiming as assignee of the landlord under the mortgage. Before the defendant pleaded to the merits, the plaintiff, by leave of the court, filed an amended affidavit asserting a claim for rent and advances.

The first pleading filed by the defendant was a motion to quash “the affidavit and writ of attachment.” Such motion is permissible only when there is ■ a noncompliance with the statute authorizing the issuance of the attachment, apparent on the…