Morris v. Schwartz

specially concurring:

I fully agree with the conclusion that plaintiff’s affidavit was insufficient in that it failed to conform to the requirements of section 62 of the statute, and that a body execution against defendant could not have been properly ordered to issue on such affidavit; but I do not think the procedure under section 62 was intended to be so drastic and peremptory, even when the affidavit is sufficient, as to preclude a judgment debtor, under any circumstances, from objecting to the issuance of a capias. Such procedure would subject the unfortunate debtor who has failed to pay…