
    Case 40 — ATTACHMENT FOR RENT
    Oct. 25.
    Bishop v. McQuerry.
    APPEAL PROM GARRARD CIRCUIT COURT.
    1. Before an attachment can be sued out by a landlord against his tenant, he or his agent or attorney must make “ affidavit that there are reasonable grounds for belief, and that he believes, unless an attachment be issued, he will lose his rent.” (General Statutes, section 5, article 2, chapter 66.)
    GEORGE DENNY, Jr., por appellant.
    A statement on oath of the facts, under the Revised Statutes (sec. 3, art. 2, ch. 56), was all that was essential to the issual of an attachment for rent, and such a statement is sufficient as an affidavit under sec. 5, art. 2, ch. 66, of the General Statutes.
    An affidavit is a statement or declaration reduced to writing and sworn or affirmed to before some officer who has authority to administer an oath. (Bouvier’s Law Die., “Affidavit.”)
    An attachment is not void on account of defect in the affidavit. (Bailey v. Beadles & Bolinger, 7 Bush, 384.) The amendment permitted to he filed by the court below corrected any and all defects in the statement on oath of the plaintiff. (Sec. 134, Civil Code of 1877; see. 161, Code of 1854; Allen v. Brown, 4 Met. 342.)
    BURDETT & HOPPER por appellee.
    The circuit court properly dismissed the attachment, because the affidavit was not made which was required by law.
    There is a difference between the provisions of the Revised and General Statutes in reference to attachments for rent. The Revised Statutes says make “oath,” etc.; the General Statutes says, shall make affidavit. As to what constitutes an affidavit, see Old Code, sec. 605.
   JUDGE ELLIOTT

delivered the opinion of the court.

We are of opinion that the court properly discharged the attachment in this case.

The General Statutes requires that before an attachment can be sued out by the landlord against his tenant he must make “affidavit that there are reasonable grounds for belief, and that he believes, unless an attachment be issued, he will lose his rent,” (Gen. Stat., sec. 5, art. 2, chap. 66, p. 603.)

“An affidavit is a written declaration under oath, made without notice to the adverse party.” (Civil Code, sec. 606.)

The Bevised Statutes only required the landlord to make oath to the grounds for attachment, but the General Statutes requires an affidavit.

It was therefore the duty of the appellant by himself or attorney to have made a written declaration that he believed the written allegations set up by him as grounds for the issual of an attachment against the appellee were true, and then have sworn to the statement. This he failed to do.

This was not a case where a defective affidavit had been • made, but a case where no affidavit had been made at all, and therefore the court did not err in discharging the attachment. The amendment offered was properly rejected, because, if for no other reason, it failed to state that the grounds set up for attachment existed when the original attachment was sued out.

Wherefore the judgment is affirmed.  