Dunlap v. Clay

Cooper, C. J., delivered the opinion of the Court. . It was not necessary that the agent of plaintiff should “ hold up his hand and swear,” to make his act an oath to the truth of the matters set out for grounds of attachment. The affiant and the officer both understood that what was done was all that was necessary to complete the oath, and what was done was sufficiently formal. Wharton on Criminal Law, Sec. 2205. The judgment is reversed, the motion to quash overruled and cause remanded.