Talcott v. American Credit Indemnity Co.

Neither the affidavit upon which the attachment was granted, nor the complaint, contains any averments as to the residence of the plaintiff, or the place of origin of the cause of action. The recitals in the instrument referred to in the complaint cannot supply the place of an averment, as they are mere words of description, and not of allegation. The order should be reversed, with §10 costs and disbursements, and motion granted, with $10 costs.