Hills v. Moore

This action was commenced in justice’s court by attachment, by virtue of which property was seized, and the defendant therein, Hills, personally summoned to appear. The affidavit, it was claimed, was defective in that it was in the alternative, that the defendant “fraudulently contracted the debt or incurred the obligation” respecting which suit was brought. The attachment bond had but one surety.

After service, but before the return day mentioned, *211■'ihe writ of attachment was dissolved by a circuit court commissioner, but no order was by him, made requiring the defendant to appear in the suit…