Mississippi Supreme Court, 1888

Dunlap v. Clay

Dunlap v. Clay
Mississippi Supreme Court · Decided April 15, 1888 · Cooper
65 Miss. 454

Dunlap v. Clay

Opinion of the Court

Cooper, C. J.,

delivered the opinion of the Court. .

It was not necessary that the agent of plaintiff should “ hold up his hand and swear,” to make his act an oath to the truth of the matters set out for grounds of attachment.

The affiant and the officer both understood that what was done was all that was necessary to complete the oath, and what was done was sufficiently formal.

Wharton on Criminal Law, Sec. 2205.

The judgment is reversed, the motion to quash overruled and cause remanded.

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