Smith v. Collins

This is a certiorari to revise the proceedings of a circuit court commissioner in dissolving an attachment. ' The attachment was sued out upon an affidavit that Collins was about to dispose of his property or some part thereof with intent to defraud his creditors, and was levied upon land. He applied for the dissolution on the ground that the charge against him on which the writ was issued was untrue, and alleged that the lands levied.on were his property. He did not allege that he was entitled to restoration of the property.

The plaintiff appeared before the commissioner and claimed a…