Lyon v. Blakesly

Barnard, P. J. i

By section 635 of the Code o‘f Civil Procedure, an attachment is; authorized against a non-resident defendant in an action for a breach, of contract, express or implied. By section 636, in such an action,, the affidavit must show that the plaintiff is entitled to recover a supi stated therein, “ over and above all counter-claims known to him.”' The affidavit in this case wholly omits, this clause of subdivision 1. of section 636. The omission is fatal to the attachment. A strict', observance of the statute is necessary. The omission of the words.: “ over and above all…