J. Pollock & Co. v. George R. Murray & Co.
Supreme Court of Florida
Appeal from the Circuit Court for Gadsden county. STATEMENT. S. Forclieimer, as agent for Jacob Pollock and Leopold Lowenstein, partners under the firm name oí J. Pollock & Co., filed with the Clerk of the Circuit Court on the 8th of December, 1888, an affidavit for an attachment against George R. Murray and David L. McParlin, partners under the firm name of Gf.
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Appeal from the Circuit Court for Gadsden county. STATEMENT. S. Forclieimer, as agent for Jacob Pollock and Leopold Lowenstein, partners under the firm name oí J. Pollock & Co., filed with the Clerk of the Circuit Court on the 8th of December, 1888, an affidavit for an attachment against George R. Murray and David L. McParlin, partners under the firm name of Gf. R. Murray & Co. The amount alleged in the affidavit to be then due is $1,623.68, and the ground of attachment is, that affiant had reason to believe Murray & Co. would fraudulently dispose of their property before judgment could be…
1Opinion of the CourtMabry, C. J.
{after stating the facts as above).
The first error assigned and insisted on is the ruling of the court sustaining the plea in abatement filed February 4th, 1889. Appellants, who were plaintiffs below, commenced a suit of attachment against appellees, and on the fifth day after the affidavit and bond were filed, and after the writ of attachment had been levied, a praecipe for summons returnable to the following rule day was filed. The praecipe was the usual -one in ordinary actions of assumpsit, and made no reference to the attachment proceedings. A declaration with bill of particulars in…
2Cases cited9 opinions
- Mandel v. Peet, Simms & Co.Supreme Court of Arkansas · 1856
- Green v. StateMississippi Supreme Court · 1872
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- Dove v. MartinMississippi Supreme Court · 1852
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