Roberts v. Stewart

Opinion of the court delivered by

Judge Peck.

Stuart sued out an attachment before a justice of the peace of Madison county, returnable to the county court. The attachment recites: “that oath having been made thatH. II. and Zachariah Roberts so abscond or conceal themselves thatthe ordinary process of law cannot be served; that they are indebted” &c. but there is no affidavit or bond for the attachment found in the record. The attachment was levied on horses by the sheriff of Madison county; and on the return thereof to the county court, the plainliff filed his declaration in debt, for $197,…