Ramsey v. Foy

On the 8th day of May, 1855, Foy filed his complaint on a note executed by the appellants to him on the 29th day of October, 1853, and due twenty months after date. The note was not then due; but the complaint *494was in the usual form, and did not contain any allegation that the defendants were about to leave the state, &c.

The agent of Foy, also, at the same time, filed his affidavit containing the allegation that the' defendants were about to leave the state without performing or making provision for the performance of the contract, &c.; and obtained a writ of tie exeat, upon which the…