Tessier v. Crowley
Nebraska Supreme Court
Error to the district court for Gage county. Motion to dissolve attachment issued in the cause overruled. Tried below before Davidson, J. on insufficiency of affidavit, cited: Miller v. Chicago, Mil. & St. Paul R. R., 17 N. W. R., 130. Hill v. Hoover, 5 Wis., 354. Sloane v. Anderson, 57 Id., 135. Willis v. Lyman, 22 Tex., 268. Order of attachment should recite filing of necessary affidavit and undertaking.
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Error to the district court for Gage county. Motion to dissolve attachment issued in the cause overruled. Tried below before Davidson, J. on insufficiency of affidavit, cited: Miller v. Chicago, Mil. & St. Paul R. R., 17 N. W. R., 130. Hill v. Hoover, 5 Wis., 354. Sloane v. Anderson, 57 Id., 135. Willis v. Lyman, 22 Tex., 268. Order of attachment should recite filing of necessary affidavit and undertaking. Maxwell P. and P., 431. Nature of claim should be stated in the order as in affidavit. Sac v. HopJcinton, 29 Me., 268. Osgood v. Holyoke, 48 Id., 410. Drew v. Bank, 55 Id., 450. cited:…
1Opinion of the Court
Cobb, Ch. j.
There are two points made by the plaintiff in error in his petition in error. They will be noticed in the inverse order in which they are therein stated:
“ 2. The said court erred in overruling the motion to quash the writ of attachment in the said action.”
The point made in the brief under the above head is, that the affidavit upon which the attachment was issued is defective and void in that it does not show that it was made by the plaintiff, his agent, or attorney. The provisions‘of the civil code applicable to this point are as follows:
“ Sec. 199. An order of attachment shall be…
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