Hatch v. Smith

In this case an attachment affidavit was filed alleging that the defendant was a non-resident of the state an order of attachment was issued, a stock of groceries levied upon, and a motion filed by defendant to discharge the attachment for the reason that the grounds of attachment stated in the affidavit of plaintiff were untrue. The motion was tried before the judge. No evidence was introduced except in the form of affidavits and depositions, all of which are contained in the record. The court found for the defendant, and the plaintiff brings the case here for review.

The question presented…