Schneider v. Vercker

This case is presented upon an appeal from a judgment setting aside a writ of provisional seizure sued out by a lessor against his tenant.

The motion to set aside the writ was based upon the following grounds:

1st. That the affidavit was informal.

2d. That it was not made by the plaintiff, but by one styling himself an agent, which agency is not sworn to by the deponent.

8d. That there was no allegation of the absence of the plaintiff, who, in point of fact, was not absent.

’ 4th. That the affidavit is untrue, and that the debt was not due as alleged.

The writ was set aside by the District Judge,…