Solinger v. Patrick

Citations

• 7 Daly 408

Syllabus

<p>The statutes giving jurisdiction to District Courts in actions commenced by process of attachment must be strictly followed, or jurisdiction will not be acquired.</p> <p>An affidavit stating only that the defendant is indebted to the attaching creditor in a sum named “ over and above all discounts,” is insufficient to sustain the process, and both that and all subsequent proceedings are without jurisdiction. The affidavit should state the amount of the indebtedness “ over all payments and set-offs.”</p> <p>Ji seems, that such process of attachment, if issued against defendants, designating them by a fictitious name, would not give the justice jurisdiction.</p>