Phipps v. Burnett

The plaintiff sued the defendant in the Circuit Court of Grundy County to .recover *176damages for breach’ of marriage contract. An ancillary attachment was at the same time sued out and levied upon real estate and other property belonging to defendant. The original summons, as well as the ancillary attachment, were both issued by the Clerk of the Circuit Court of Grundy County, but upon the pauper’s oath, which was taken 'and subscribed by the plaintiff before a Justice of the Peace of said county. The defendant moved to quash the writ .and discharge the attach: ment, upon the ground that the…