Ely v. Titus
Supreme Court of Minnesota
This action was commenced in the District Court .for Dodge County, and a writ of attachment issued. 'The defendant made a motion to set aside the attachment on the ground, among others, of insufficiency of the affidavit. The motion was denied, and the defendant appeals from the order denying the same to this Court. In this Court the plaintiff urges as an objection to the consideration of the appeal, that no exception was taken to the order ,of the Court below appealed from.
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This action was commenced in the District Court .for Dodge County, and a writ of attachment issued. 'The defendant made a motion to set aside the attachment on the ground, among others, of insufficiency of the affidavit. The motion was denied, and the defendant appeals from the order denying the same to this Court. In this Court the plaintiff urges as an objection to the consideration of the appeal, that no exception was taken to the order ,of the Court below appealed from. The affidavit sufficiently appears in the opinion of the Court.
1Opinion of the Court
By the Court.
MoMillan, J.
In considering the sufficiency of an affidavit for an attachment made under the existing statute, we held in Murjphy vs. Bwrdy, that the departure of the. defendant from the State, with the intent .specified in the statute, constitutes a separate and distinct ground’ *126of attachment, and that the words “ as deponent verily believes ” in the statute, qualifies that ground only; that the remaining grounds for an attachment are required to be stated without qualification. 13 Minn., 425.
The language of the affidavit for the attachment in the case at bar is, “ the deponent…
2Cases cited1 opinion
- Murphy v. PurdySupreme Court of Minnesota · 1868
3Cited by4 opinions
- Kiewel v. TannerSupreme Court of Minnesota · 1908
- Wood v. MatterSupreme Court of Minnesota · 1902
- Perkins v. ZarracherSupreme Court of Minnesota · 1884
- Johnson v. BraySupreme Court of Minnesota · 1886