People's Bank v. Morris

This is an action on a promissory note, begun by the plaintiff in error. An affidavit in attachment was filed, order of attachment issued, and the attachment was levied upon a certain tract of real estate. The defendant filed a motion to dissolve the attachment, and one ground of the same is the following :

“Second. No levy of said pretended order of attachment was ever made upon any property owned by this defendant.”

This motion was verified by the defendant. On the hearing *850of the motion the defendant was allowed to dismiss or strike out this ground of his motion. The defendant, however, could…