Carlisle v. Gunn

Citations

• 68 Miss. 243

Syllabus

<p>1. Attachment. Affidavit; not sworn to. Amendment. Practice.</p> <p>A creditor asked a justice of the peace to prepare papers for an attachment against his debtor, telling him the amount of the debt, and the grounds of attachment; and the justice -wrote an affidavit, bond and writ, and handed them to him, asking “if that was all right,” and the creditor answered that it was. The affidavit was not signed, and no oath was administered or attempted to be administered. Held, there was no affidavit, and the levy based thereon was invalid, and no subsequent amendment could validate the proceedings so as to affect intervening rights.</p> <p>2. Same. Affidavit; what constitutes. Mere intention not sufficient.</p> <p>Whether said paper, in form an affidavit, is really one is not determinable by what either of the parties considered in reference to it, but by the inquiry whether anything was done which could properly be construed the taking or administering an oath.</p>