Atlantic Bank v. Frankford

61 N.C. 199

Opinion

Reade, J.

The plaintiff’s counsel moved to amend the affidavit by striking from it certain words, and the court allowed the motion.

It does not appear that it was sworn to again after it was thus amended. It was then no affidavit at all, and the plaintiff could not be convicted of perjury, if, as amended, it be false. The case stands then as if there were no affi davit. An original attachment, without an affidavit to support it, is irregular, and may be quashed on motion.

There is error in the refusal to quash.

Per Curiam. Judgment reversed.