Scott v. White
Tennessee Supreme Court
The plaintiff, Julian E. Scott, had a cause pending in the Circuit Court, and sued out an attachment in aid of the same before a justice of the peace. In doing so, he omitted by mistake to sign the affidavit on which the attachment was based, although the same was sworn to; and he requested permission to amend this defect in the Circuit Court, which the Circuit Judge refused, and thereupon discharged the attachment. Erom this order the plaintiff appealed.
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The plaintiff, Julian E. Scott, had a cause pending in the Circuit Court, and sued out an attachment in aid of the same before a justice of the peace. In doing so, he omitted by mistake to sign the affidavit on which the attachment was based, although the same was sworn to; and he requested permission to amend this defect in the Circuit Court, which the Circuit Judge refused, and thereupon discharged the attachment. Erom this order the plaintiff appealed. In the Supreme Court a motion was made to dismiss the appeal on the ground that the order discharging the ancillary attachment was not a…
1Opinion of the Court
Turley, J.:
An appeal will lie from an order to discharge an attachment, although it is merely a subsidiary proceeding. (1)
McKinney, J.:
The defect in the affidavit was amendable. The case differs from the case of Neil v. McReynolds, 8 Humph. 12, in which there was no affidavit. The/ Act of 1843, chapter 29, makes express provision for amendments. An attcahment may be issued under that act by a justice of the peace returnable to. the Circuit Court, where there is a cause already pending, just as upon an original cause.
Motion to dismiss appeal denied, and judgment reversed.
An appeal in error in…
2Cases cited1 opinion
- Craddock v. CroghanCourt of Appeals of Kentucky · 1801
3Cited by17 opinions
- Farley v. DavisWashington Supreme Court · 1941
- City of Seattle v. GreenWashington Supreme Court · 1958
- King County Water District No. 68 v. Tax CommissionWashington Supreme Court · 1961
- Taylor v. ParkerSupreme Court of the United States · 1914
- Miller v. City of PascoWashington Supreme Court · 1957
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