Cantrell v. Letwinger

Citations

• 44 Miss. 437

Syllabus

<p>1. Attachment — INSuefictent affidavit. — An affidavit for attachment in form following, ££C. L. being duly sworn, says that 0. B. 0. is justly indebted to him, the 'saidC. L., in the sum of one hundred dollars, or thereabouts, onanote indorsed to said ■■■O. L., and one other note payable to R. N. A., and by him indorsed to said C. L., and 'that he is a non-resident of the State of Mississippi; he therefore prays,” etc., is fatally defective, as averring, whether construed grammatically or according to the ■common use of language, that the plaintiff himself, and not the defendant, was a non-resident. It is also defective in omitting to state either of the particulars speci~ -fied in Rev. Code, 372, art. % or the residence of the defendant, as required by the :act of January 15,1862.</p>