6 S.E.2d 769 | W. Va. | 1939
Plaintiff, a Virginia corporation, recovered two judgments (upon promissory notes) in a Virginia court of general jurisdiction against defendants, residents of that state. Plaintiff then, upon published notice, brought two attachment suits against them in the circuit court of Berkeley County, West Virginia, to subject lands owned there by defendant, Fred Hiett, to payment of the judgments. The suits were consolidated. A decree entered in May, 1938, ordered the lands to be sold. A certified copy of the decree was served on defendant, Fred Hiett, personally, in Berkeley County, June 16, 1938. The lands *456 were sold in October, and the sale was confirmed in November of the same year. After this was done, Hiett appeared specially in the sequent December (the session of November still continuing), and moved to quash the attachments and the affidavits therefor. The motion was overruled. Hiett appealed.
Appellant's motion to quash (in writing) mentions that our statute does not provide for an attachment to issue in aid of a foreign judgment, and charges that each of the attachment affidavits herein is fatally defective for not stating the nature and source of plaintiff's claim (i. e., contract or tort), and for omitting the word "justly" in expressing belief of the amount plaintiff was entitled to recover.
Statutory permission is not needed for employing attachment in this state to aid enforcement of a judgment obtained in another state. It is generally recognized that the full faith and credit clause of our Federal Constitution requires the states to afford like means of enforcing foreign and domestic judgments. This recognition appears in our case ofStewart v. Stewart,
A judgment for money is treated as a debt "arising on contract" within the meaning of the attachment statute.Marstiller v. Ward,
We are aware that the opinion in Sommers v. Allen, *457
A defective affidavit confers jurisdiction notwithstanding the defect; and subsequent proceedings are not invalidated by it. Hall v. Hall,
The two sections, 32 and 43 of 38-7, should of course be read together, and read in connection with the decisions. When this is done, we are of opinion that even if the affidavits herein are defective and the right of appellant under section 32 to have the attachments quashed upon motion continued after the May decree, 1938, (another question unnecessary to decide), nevertheless such right terminated upon service on him of copy of that decree, June 16, 1938; and that after this service he could arraign the attachments, only in manner prescribed by section 43.
The ruling is affirmed.
Affirmed.