Kahle v. Muller

The motion herein to be considered was made upon the insufficiency of the affidavit on which the attachment was granted, and the grounds were fully stated in the notice of motion served. The action was brought by a plaintiff who is the second assignee of the claim presented, and there is neither an allegation that he knew personally of the indebtedness, nor statements as to the sources of his information in regard to it, if he have any, other than the assignments which he sets up. The second paragraph of his affidavit begins, “Upon information and belief,” and the other paragraphs begin,…