Fowler v. Poor

HEMPHILL, Chief Justice.

The plaintiff having filed the affidavit and executed the bond required.by law, the clerk of the District Court for the County of Bed River issued a writ of attachment against the property of the defendant on the 17th of April, 1840, but did not file his petition until the 27th of July afterwards. Among other matters; the defendant in his answer pleads that the plaintiff ought not to maintain his action, because the petition was not filed until after the issuing of the attachment. The plea was sustained by the court, and from that decision an appeal has been taken.

The…