Sims v. Tyrer
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Alexandria county, pronounced July 2, 1894, in two chancery causes heard together, one under the style of Tyrer y. O’ Gorman and others, and the other under the style McCartney v. Potomac Electric Co. and others.
1Opinion of the CourtRiely, J.
It was assigned as error that the affidavit, which is required by statute as a prerequisite to the issue of the attachment, was not made.
*7If the affidavit is not made, or, if made, is defective, this is ground for a motion to abate the attachment. This the appellant did not do, but appeared and defended the case on the merits. Having failed to make the objection in the court below, he cannot make it for the first time in the appellate court. Anderson v. Johnson, 32 Gratt. 558; and Fisher & Brother v. March, 26 Gratt. 765.
But if a motion to quash the attachment for this cause had been made in…
2Cases cited2 opinions
- Fisher & Bro. v. MarchSupreme Court of Virginia · 1875
- Anderson v. JohnsonSupreme Court of Virginia · 1879
3Cited by3 opinions
- Lancaster v. WilsonSupreme Court of Virginia · 1876
- Lancaster v. WilsonSupreme Court of Virginia · 1876
- Lancaster v. WilsonSupreme Court of Virginia · 1876