Farrow v. Dutcher

Per Ottriam.

We are of the opinion that the District Court of the Fourth Judicial District erred in permitting the affidavit on the back of the writ, which is a condition precedent to the service of the writ by arrest, to be amended by the insertion of the words, after the word “claim,” “that is due.” The plaintiffs contend that the insertion of these words did not materially alter the meaning of the affidavit, but that they were implied in the statement that the plaintiff has ‘ 1 a claim on which he expects to recover in the action.” We do not assent to this argument. The framers of the…