Ellison v. Bartgis

Maxwell, Judge :

In an action for damages for the wrongful death of plaintiff’s decedent, Faye C. Ellison, there has arisen the question of the sufficiency of an attachment affidavit. The circuit court approved the affidavit and upheld the attachment based thereon.

Abridged, the averments of the affidavit are that in December, 1935, in Summers County, the defendant, George D. Bartgis, caused the decedent to be called to the door of her home where he shot her to death, thereby creating a money liability in favor of the decedent’s personal representative for the benefit of the distributees of her…