Freer v. White

The plaintiff commenced a suit by-attachment in justice’s court. There was no personal service. The defendant appeared specially, and moved to dismiss on the ground that the affidavit upon which the writ issued was fatally defective. The ground for attachment, as stated in the affidavit, was—

“That the said Edward D., White is not a resident of' this State, and has resided in this State for one month next immediately preceding this date, as this deponent verily believes and as he has good reason to believe, and-as he very well knows.’’

*76The justice refused to dismiss the suit, and permitted the…