Wallace Lithgow & Co. v. Byrne

Hyman, C. J. Plaintiff appealed from the judgment of the lower court, - setting aside, on motion of defendant, a writ of sequestration issued in this case. ■ One of the grounds of the motion is, that the affidavit for sequestration • is informal and insufficient. • William Pyne, who is no party to this suit, made the affidavit; but in no part thereof does he state that he had authority from plaintiff to make such an oath. . There is no allegation in the petition stating such agency; nor any evidence whatever thereof. Such agency must be special (see Civil Code 2966), and there must be evidence thereof produced to the court, by affidavit or otherwise, before a writ of sequestration can be sued out by an agent. Judgment affirmed, with costs. Howell, J., recused. Jones, J., absent.