Birdsong & Sledge v. McLaren
Supreme Court of Georgia
Attachment, in Muscogee Superior Court. Tried before Judge Alexander, May Term, 1850. This was an attachment sued out by Peter McLaren, against the firm of Birdsong & Sledge. The affidavit was not attested by the Justice of the Peace, and the bond was made payable to Edward Birdsong and Nathaniel Sledge. The defendants appeared and entered their defence.
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Attachment, in Muscogee Superior Court. Tried before Judge Alexander, May Term, 1850. This was an attachment sued out by Peter McLaren, against the firm of Birdsong & Sledge. The affidavit was not attested by the Justice of the Peace, and the bond was made payable to Edward Birdsong and Nathaniel Sledge. The defendants appeared and entered their defence. On the appeal, a motion was made to quash the attachment, on the ground that there was no affidavit or bond as required by law. The Court allowed the Justice of the Peace to enter his attestation, nunc fro tunc, and overruled the objection to…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] In Jackson vs. Valentine, (3 Caine’s Rep. 128,) the Supreme Court of New York ruled that the jurats of affidavits, taken before the Judges of the Common Pleas or Commissioners, must be signed by them, with the addition of their official subscriptions— Judges of the Common Pleas to style themselves such, and Commissioners to specify that they are so.
For myself, I believe that the paper purporting to be an affida*522vit, wanting as it did the signature and official attestation of the Magistrate, was a nullity under the attachment laws of this…
2Cited by2 opinions
- Askew v. MelvinSupreme Court of Georgia · 1915
- Gray & Wallace v. Steedman Bros.Texas Supreme Court · 1885