Wigginton v. Moore

Smith, C. J.,

delivered tlie opinion of the Court.

Wigginton sued out an attachment for rent against Moore, who, he alleged, was his tenant, under section 2839, Code of 1906 (Hemingway’s Code, section 2337). Moore made the affidavit authorized by section 2866, Code of 190'6 (Hemingway’s Code, section 2364), and the officer to whom the writ of attachment was directed acted thereon in accordance with the statute.

Moore then filed his declaration in the court below against Wigginton in accordance with section 2660, Code of 1906 (Hemingway’s Code, section 2358); the damages for the alleged wrongful…