Eltonhead v. Allen

Citations

• 119 F. 126
• 55 C.C.A. 671
• 1902 U.S. App. LEXIS 4650

Syllabus

<p>1. Jurisdiction—Attachment—Preliminary Affidavit—Presumption.</p> <p>Where a state court of general jurisdiction is authorized to issue a writ of attachment of land on the filing by the applicant, before the sealing of the writ, of an affidavit averring that defendant is a nonresident of the state, and that he owes plaintiff a specified sum, but the affidavit is not required to be placed upon record, it will be conclusively presumed, in favor of jurisdiction, that the affidavit was made as required, though the record is silent with respect to it; and the judgment' of the court decreeing the sale of the land will be valid.</p> <p>2. Same—Record—Sufficiency.</p> <p>A record in attachment proceedings recited: “Writ issued and sealed August 12, 1862. Amount specified in affidavit, thirteen hundred and sixty-six dollars and sixty-seven cents.” The statute regulating attachment proceedings required that the applicant for the writ should, before the sealing thereof, make oath to the effect that defendant was a nonresident of the state, and that he owed plaintiff a specified sum. Held, that the fact of the making of the affidavit before the sealing of the writ sufficiently appeared from the record.</p>