26 Ga. 514 | Ga. | 1858
By the Court.
delivering the opinion.
The affidavit followed the form prescribed by the late attachment Act; and the Act does not require more. Acts of 1855, 1856, jt?. 35.
It was said, that, as the debt was not due, the defendant was entitled to a stay of execution until it should become due, and therefore, that the affidavit should have disclosed the fact, that the debt was not due.
We think, then, that the affidavit was sufficient. The Court below held it insufficient, and dismissed the attachment. ¥e think, therefore, that, in this, the Court erred.
Of course it is needless to notice the other question.
Judgment reversed.