Kinear v. Shands

Plaintiff brought his suit by attachment against defendant on account of rent not due. The affidavit for the attachment was made under the third subdivision of section one of the attachment law (R. C. 1855, p. 238), and also under the twenty-sixth section of the “ Act concerning landlords and tenants” (ibid. 1015).

The proceeding, so far as the first cause alleged in the affidavit is concerned, was a nullity, as that does not authorize the issuing of an attachment on a demand not due ; but the law regulating landlords and tenants authorizes the issuance of an attachment, founded on an…