Leavitt & Milroy Co. v. Rosenberg Bros.

Citations

• 83 Ohio St. (N.S.) 230

Syllabus

<p>Motion for discharge of attachment — May be made before judgment — Although bond given — Affidavit for attachment — Must negative exceptions, when — Cannot be made before attorney as notary public — Levy cannot be upheld by amendment of affidavit —Sections 5562, 5545 and 5521, Revised Statutes.</p> <p>1. A defendant at any time before judgment under Section 5562, Revised Statutes, may move for a discharge of an attachment under which his property has been taken, although he has previously given bond for its discharge under Section 5545, Revised Statutes.</p> <p>2. In an affidavit for attachment under paragraph one of Section 5521, Revised Statutes, it is necessary to negative the exceptions in that paragraph.</p> <p>3. An affidavit in attachment cannot be made before a notary public who is the attorney for one of the parties in the action.</p> <p>4. The levy of an order of attachment, based upon an insufficient affidavit, cannot be upheld by an amendment of the affidavit.</p>