Hurd v. Stone

1 How. N.P. 1

Opinion

The Court,

Chipman, J.,

denied the motion, and held that filing the affidavit and issuing the writ of garnishment at the time of filing the declaration and entering the rule to plead, was a compliance with the statute. The Court based its opinion upon the universal practice in the profession, rather than upon the strict construction of the statute, but did not intimate that a strict construction of the statute would have caused it to hold the other way.