Williams v. Flood

The opinion of the court was delivered by

Marshall, J.:

The plaintiff prosecutes this action to obtain a declaration of the law concerning the power of a justice of the peace to issue an order of attachment and a garnishee summons without a bond therefor having been first filed. Judgment was rendered in favor of the defendant on his demurrer to the petition of the plaintiff, who appeals.

The only question presented is, Does the petition state facts sufficient to constitute a cause of action? The petition alleges that the defendant is a justice of the peace, and—

“That on the 28th day of November,…