Montague v. Gaddis

This suit was instituted by attachment issued at the instance of the defendant in error, on affidavit made on the 1st of December, 1857, alleging that the plaintiff in error was “about to remove his property out of this State.” The defendant in the court below re-plevied the property attached, according to the statute ; and at the return term, he filed a plea in abatement under the statute,' traversing the allegation that he was about to remove his property out of this State. Upon that issue, a trial was had, and a verdict was rendered for the plaintiff. The defendant excepted to the refusal…