Stanley v. Home Owners Mtg. Co.

As Judge of the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, Honorable D.O. Rogers filed in this Court a Certificate under Rule 38, Supreme Court Rules of Practice.

The following certified questions were contained in the certificate:

1. In an action for improper or wrongful attachment, is the plaintiff in his declaration required to allege and prove that no ground of attachment existed at the time of the attachment or, is he only required to allege that the ground or grounds alleged in the affidavit did not exist; and if such grounds as passed upon by the Court…