Malcom Savings Bank v. Cronin

Epperson, C.

In its motion for rehearing the plaintiff urges that, because we held that the affidavits upon which plaintiff relied to support its attachment ivere incompetent because sworn to before its attorney, who was a notary public, we should have remanded the case for a rehearing upon its merits. Plaintiff insists that defendant’s objections to the affidavits should have been interposed before trial in the manner provided by statute for the filing of objections to depositions. Section 371 of the code, providing that an affidavit may be made before any person authorized to take…