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· 6/15/1895

First National Bank v. Willingham

Citations

  • 36 Fla. 32

Syllabus

<p>ATTACHMENT — BEFORE WHAT OFFICER AFFIDAVIT FOR COULD FORMERLY BE MADE.</p> <p>Under the provisions of Chapter 998 laws, approved December 20th, 1859, in force up to and until the adoption, in 1892, of our Revised Statutes, no attachment could properly issue unless the party applying for same, his agent or attorney, first made an affidavit, in compliance with the statute, before the clerk of the Circuit Court, or before a justice of the peace. That statute expressly confined the making of the prerequisite affidavit-before those two officials, and an affidavit sworn to before-any other official did not authorize the issuance of the writ.</p>

Judges: Taylor

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