Sublett & Cary v. Wood

Citations

• 76 Va. 318
• 1882 Va. LEXIS 35

Syllabus

<p>1. Attachment—Grounds.—This remedy is justified, not by the belief of the affiant, however honestly entertained upon reasonable grounds, that the fact sworn to in the affidavit exists, but by the existence of that fact. See Olaflinv. Steenboclc, 18 Gratt. 853.</p> <p>2. Idem.—Onus probandi that attachment was issued on sufficient cause rests on the plaintiff, and he should introduce his evidence first, when defendant moves an abatement. Wright v. Rambo, 21 Gratt. 158.</p> <p>3. Case here.—Circumstances justifying abatement.</p>