Defendant assigns three reasons in support of his motion to quash the writ of foreign attachment issued in this case.
The third reason is that “there is no allegation in plaintiff’s affidavit that Roy C. Goodwin, the defendant, owns or possesses any real estate or other personal estate in the County of Northumberland and State of Pennsylvania, and within the jurisdiction of this court.”
On argument, plaintiff agreed that to support a writ of foreign attachment plaintiff must aver in his affidavit that defendant has property within the jurisdiction, and moved to amend, contending that the absence of averment as to ownership of defendant’s property may be treated as formal and supplied by amendment. We hold, however,
And now, February 4,1935, the plaintiff’s amendment to his affidavit of cause of action is disallowed, and defendant’s motion to quash the writ is granted, and the writ is herewith quashed.
An exception is noted and bill sealed for plaintiff.
