Riley v. Skidmore

1. Attachment—Affidavit. An affidavit in attachment alleging that plaintiffs are entitled to recover a certain sum over “ all counter-claims known to deponent "is not insufficient because not stating that it was “known to plaintiffs. ” 2. Same—Wrongful Attachment. There is no abuse of process where the property attached is not sufficient to satisfy the execution. 3. Same—Amendment of Bond. A justice of the peace has authority to allow an amended undertaking in attachment to he filed nunc pro tune.

Appeal from circuit court, Orange county. E. S. Riley sued Thomas H. Skidmore and Stephen M. Bull for damages by wrongful attachment. The affidavit in the attachment suit alleged that plaintiff was entitled to recover a certain sum above “all counter-claims known to deponent,” but did not state, “known to plaintiff.” The justice allowed plaintiffs to amend their undertaking. Judgment for defendants, and plaintiff appeals.