Dunlap v. Clay
Mississippi Supreme Court
Appeal from the Circuit Court of Nenton County. Hon. A. G-. Mayers, Judge. Virginia V. Dunlap, executrix of the last will and testament of D. B. Dunlap, deceased, sued out an attachment against A. Q. Clay. The defendant moved to dismiss the attachment “ for want of affidavit.”
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Appeal from the Circuit Court of Nenton County. Hon. A. G-. Mayers, Judge. Virginia V. Dunlap, executrix of the last will and testament of D. B. Dunlap, deceased, sued out an attachment against A. Q. Clay. The defendant moved to dismiss the attachment “ for want of affidavit.” The paper which purported to be the affidavit upon which the attachment was based was in the usual form, except that it was not subscribed by the affiant mentioned therein, and the jurat thereto was not signed by the justice of the peace before whom the affidavit was made, as therein stated. The testimony of the justice…
1Opinion of the Court
Cooper, C. J.,
delivered the opinion of the Court. .
It was not necessary that the agent of plaintiff should “ hold up his hand and swear,” to make his act an oath to the truth of the matters set out for grounds of attachment.
The affiant and the officer both understood that what was done was all that was necessary to complete the oath, and what was done was sufficiently formal.
Wharton on Criminal Law, Sec. 2205.
The judgment is reversed, the motion to quash overruled and cause remanded.
2Cited by10 opinions
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- Britt v. DavisSupreme Court of Georgia · 1908
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