Moore v. Mauck

Citations

• 79 Ill. 391

Syllabus

<p>1. Attachment—defective affidavit, when amendable, not void but voidable. When the statute has provided that affidavits in attachment proceedings may be amended, although informal and not in conformity with its requirements, a sufficient amount of vitality is thereby imparted to such instruments as to render them voidable only, and not absolutely void.</p> <p>2. An affidavit for a writ of attachment before a justice of the peace’, which does not state on what account the indebtedness was incurred, or that affiant believes he is entitled to recover the amount claimed to be due, after allowing all just credits and set-off's, or the residence of the debtor, or that, upon diligent inquiry, affiant can not ascertain his place of residence, but which contains all the other requisites under the statute, is defective but not void, and can only be attacked in a direct proceeding, and is sufficient to protect those acting under it.</p>