Stowers v. Carter
Supreme Court of Georgia
Attachment, in Hart Superior Court. Decision by Judge Thomas, at January adjourned Term, 1859. Erancis G-. Stowers sued out an attachment against James M. Carter, returnable to' Hart Superior Court. At the trial term, defendant moved to dismiss the attachment, because in the affidavit, which was made by the attorney of plaintiff, the ground of attachment was sworn to “ according to the best of the knowledge and belief ’’ of the deponent.
Read the full summary
Attachment, in Hart Superior Court. Decision by Judge Thomas, at January adjourned Term, 1859. Erancis G-. Stowers sued out an attachment against James M. Carter, returnable to' Hart Superior Court. At the trial term, defendant moved to dismiss the attachment, because in the affidavit, which was made by the attorney of plaintiff, the ground of attachment was sworn to “ according to the best of the knowledge and belief ’’ of the deponent. The following is a copy of the affidavit: State of Georgia, | Erancis G. Stowers, by bis attorOoonty of Hart, j ney, Henry Cleveland, comes before me and…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Was the affidavit in this case sufficient to sustain the attachment ?
The act of 1856 (Pamphlet, p. 25,) provides that process of attachment may issue when the debtor is causing 'his property to be removed beyond the limits of the State, if the party seeking the attachment, his agent or attornoy-at-law shall make oath before a proper officer that the debtor has placed himself in the above position; and also swear to the amount of the debt claimed to be due. The statute further declares, that when the affidavit is made by the attorney-at-law or…
2Cited by1 opinion
- Krutina v. CulpepperSupreme Court of Georgia · 1886