Simmons Hardware Co. v. Alturas Commercial Co.

Citations

• 4 Idaho 334
• 39 P. 550
• 1895 Ida. LEXIS 12

Syllabus

<p>Affidavit in Attachment — When Sufficient — Defects Immaterial. — Where the affidavit in attachment purports to have been duly sworn to before a proper officer, and the name of the affiant appears in the commencement of the affidavit as “A. B., being duly sworn, etc.,” the affidavit will be held sufficient, although the signature of the affiant does not appear thereon.</p> <p>Undertaking in Attachment — Mere Clerical Errors will not Vitiate. — The purpose of the undertaking in attachment provided for in the statute is to indemnify the defendant, and where it is conclusive that this end has been served, mere clerical errors, or the omission or insertion of unimportant words will not vitiate the instrument.</p> <p>(Syllabus by the court.)</p>