Hinckley v. O'Farrel

This is a writ of domestic attachment. It was dismissed by the Circuit Court. The attachment is founded on an award, and several grounds are taken in support of the judgment below; among which, it is only necessary to notice that which denies the affidavit, the foundation of the proceeding, to be legally authenticated.

The affidavit was taken by a notary public; and his authority to take such, if it exists, is given by the act of 1833, “ declaratory of the powers of notaries public.” The act authorises each and every notary public to take and certify all affidavits and depositions, authorised…