Cassedy v. Mayer
Cassedy v. Mayer
Opinion of the Court
delivered the opinion of the court.
The court erred in quashing the affidavit and dismissing the cause. A construction of § 1302 of the code is too strict and literal, which requires that the affidavit for an attachment for rent shall be made before the same officer who issues the writ or before an officer in the same county in which the writ is to run. All that is material as to the affidavit in such case is, that it shall contain what the law requires and be sworn to before an officer competent to administer oaths. Griffing v. Mills, 40 Miss. 611; Reinhardt v. Carter, 49 Ib. 315.
Justices of the peace are among the officers enumerated in § 2294 of the code who are authorized to administer oaths whenever the same may be necessary or proper in any proceeding, in any court, or under any law of this State.
The judgment is reversed and the cause remanded.
Reference
- Full Case Name
- W. P. Cassedy v. H. C. Mayer
- Cited By
- 1 case
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- Syllabus
- 1. Attachment fob Bent. Affidavit for. Before whom made. Section 1302, Code of 1880, construed. Gase in judgment. Section 1302, Code of 1880, provides that if any lessor of lands or tenements make affidavit to'certain facts therein set out before “ any justice of the peace of the county where such lands or tenements are situated, * * * such justice of the peace .shall issue an attachment agaipst the goods and chattels of such tenants, etc.” C. made an affidavit in accordance with the provisions of this section before a justice of the peace of the County of P., and caused the attachment to be issued by a justice of the peace of the County of F., where the land lies. The case was appealed to the circuit court, where, upon motion of the defendant, the affidavit was quashed and the case dismissed, because the affidavit was not made before a justice of the county where the land is situated and the levy was made. Held, that the court erred, as the affidavit need not have been made before the same officer who issued the attachment, nor before an officer in the same county in which the writ was to run, but could have been made before any officer authorized to administer oaths in this State. 2. Justice of Peace. Power to administer oaths. And under $ 2294, Code of 1880, a justice of the peace is authorized to administer oaths, wherever the same may be necessary or proper, in any proceeding, in any court, or under any law of this State.