Messina v. Petroli

Brown, C. C. J.

The defendant moves to set aside an order of a Supreme Court commissioner awarding a writ of attachment on the ground that the affidavit upon which the order was issued does not allege facts which would warrant the issuance of a writ. The affidavit upon which the writ was issued alleges that Alfred Messina and Concetta Messina his wife, on the 1st day of June, 1933, resided on the same floor and in the same building in the city of Jersey City in which the defendant lived. The affidavit contains the specific charge that:

“While my wife was in the kitchen cooking supper, the above…