Krutina v. Culpepper

1. The-ground of attachment must be sworn to positively, and the language used must be such as not to leave it doubtful whether this requirement has been complied with. An affidavit that the attorney at law for the plaintiff in attachment “comes before the undersigned, and on oath saith that H. I. Kimball, to the best of deponent’s knowledge and belief, is indebted to F. Krutina (in a sum stated) and that the said H. I. Kimball absconds,” is not a sufficient compliance with the law. 9 Ga., 598; 28 Id., 351; Code, §3265.(a) The case of Neal vs. Gordon, 60 Ga., 112, reviewed and reaffirmed.

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