Scott v. White

Decided September 15, 1849

Tennessee Supreme Court · decided 1849-09-15

The plaintiff, Julian F. Scott, had a cause pending in the circuit court, and sued out an attachment in aid of the same before a justice of the peace. In doing so, he omitted by mistake to sign the affidavit on which the attachment was based, although the same was sworn to; and he requested permission to amend this defect in the circuit court, which the circuit judge refused, and thereupon discharged the attachment. From this order, the plaintiff appealed.

Decided 1849-09-15

Turley, J.:

¶1An appeal will lie from an order to discharge an attachment, although it is merely a subsidiary proceeding.

McKinney, J.:

¶2The defect in the affidavit was amendable. The case differs from the case of Neil v. McReynolds, 8 Humph., 12, in which there was no affidavit. The act of 1843, chapter 29, makes express provision for amendments. An attachment may be issued under that act by a justice of the peace returnable to the circuit court, where there is a cause already pending, just as upon an original cause.

¶3Motion to dismiss appeal denied, and judgment reversed.