Anderson v. Johnson
Supreme Court of Virginia
This case was argued at Staunton, but was decided at Richmond. This is an appeal from three decrees of the circuit court of Clarke county, made at the. terms of said court iu February, 1877, and May, 1877 and 1878, and made in a cause in which the appellee, John B. Johnson, was plaintiff, and the appellant, Thomas H. Anderson, was defendant.
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This case was argued at Staunton, but was decided at Richmond. This is an appeal from three decrees of the circuit court of Clarke county, made at the. terms of said court iu February, 1877, and May, 1877 and 1878, and made in a cause in which the appellee, John B. Johnson, was plaintiff, and the appellant, Thomas H. Anderson, was defendant. The cause was an attachment suit in chancery brought in the said court to recover a debt claimed to be due by a promissory note of the defendant, dated'July 1, 1866, for the sum of eight hundred dollars, payable two years after date to the order of the…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court. After stating the ease, he proceeded:
There are five assignments of error in the decrees appealed from in this case made in the petition for appeal, which will be examined and disposed of, so far as it may be deemed necessary or proper to do so, in the order in which they are made.
1. The first assignment of error is, that the affidavit on which the attachment is based was defective.
The Code, ch. 148, § 1, page 1009, requires that the affidavit to be made for the purpose of obtaining an attachment on the institution of an action at law, shall,…
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