Easton v. Malavazi

Citations

• 7 Daly 147

Syllabus

<p>Where the affidavits upon which a warrant of attachment is granted state facts aud circumstances which have a legal tendency to make out the essential statutory facts required to be shown, and fairly call upon the magistrate to whom the application for the warrant is made to exercise his judgment on the sufficiency of the evidence, this is enough to give the magistrate jurisdiction to issue the warrant and to sustain it iu case it is attacked on the ground that the facts stated do not make a case within the statute.</p> <p>The rule is the same whether the warrant is attacked in a collateral proceeding as being void for want of jurisdiction, or whether a direct application to set it aside is made in the action in which it was granted.</p> <p>Where the essential statutory fact to be shown was concealment with intent to avoid service of a summons;—Held, that affidavits alleging absence of the defendant from his usual place of business and resort soon after the debt had been demanded of him, coupled with his refusal, when asked by plaintiff to give his address or residence, contained enough to fairly call upon the magistrate for the exercise of his judgment upon the evidence.</p>