Colby v. Birch

It appears that this case was originally brought in the county court upon an overdue promissory note in which an attachment writ was obtained on an affidavit that the said Samuel Birch, the defendant, by false representation and false pretenses, and by fraudulent conduct, procured the property of the plaintiff, the said Willis W. Colby.

In examining the records and pleadings this lan*203guage of the affidavit applies wholly to certian allegations in the complaint that the defendant falsely and fraudulently secured possession of a certain note deposited as collateral security for the payment of the…