Hardenberg v. Roberts
Hardenberg v. Roberts
Opinion of the Court
The motion to discharge the attachment in this case was made upon the following grounds: First, that the affidavit of attachment was irregular, and not sufficient to sustain the attachment; second, that the allegations contained
The appellant further contends that the court below should have discharged the attachment upon the facts disclosed by the record, and his refusal to do so is error. The findings of the trial court upon the facts on a motion .to discharge an attachment will not be disturbed unless this court is satisfied that the decision of such trial court is against the preponderance of the evidence. From a careful examination of the evidence in this case we conclude that the decision of the court below was not only not against the preponderance of the evidence, but was clearly in accordance with the weight of evidence, and the order of that court should be affirmed, and it is so ordered.
Reference
- Status
- Published
- Syllabus
- 1. An affidavit for a warrant of attachment may be made by an agent, and such agency sufficiently appears from an affidavit in which the affiant states “that he is the agent for the plaintiffs for the purpose of making this affidavit, and he makes the same on behalf of said plaintiffs in the above entitled action.” 2. The findings of the trial court upon the facts on the motion to discharge an attachment will not he disturbed, unless this court is satisfied that the decision of such trial court is againt the preponderance of the evidence. (Syllabus by the Court.