Baker v. Hunt
Supreme Court of Louisiana
Alexander moved to dissolve an attachment issued on the affidavit of a third person, who did not state himself to be the plaintiff’s agent, nor appeared to have any personal knowledge of the claim. The law requires only that the debt be sworn to. In this case, however, the objection comes too late, for the property attached has been bonded. It was bended by the garnishee and likely with a view to obtain relief by shewing the illegality of the process.
1Opinion of the Court
By the Court.
The Judge who orders the attachment must be satisfied of the justice of the plaintiff’s demand. The oath of a person who does not appear to have any knowledge of it, except what he receives from the principal who does not swear, can go but little way to satisfy him. If the process issued improperly, the property might be rightfully obtained by giving bond, without thereby waving any legal objection.
Attachment dissolved.
2Cited by1 opinion
- Myers v. PerrySupreme Court of Louisiana · 1846