Brogan

A writ of attachment issued in this case which, upon motion of defendant, was discharged on the ground that the affidavit required by section 538, Code of Civil Procedure, “is not properly or at all subscribed or sworn to on behalf of the said plaintiff.” Plaintiff appeals from the order.

The affidavit reads, giving the title of court and cause:

Section 538, Code of Civil Procedure, provides that the clerk shall issue the writ of attachment, “upon receiving an affidavit by or on behalf of plaintiff.” All of the facts necessary to a sufficient affidavit appear in the body of the document here, leaving the sole question whether it sufficiently appears that the affidavit was made “by or on behalf of plaintiff. ’ ’

In judging of its sufficiency in the particular called in question we must refer to the entire affidavit. It plainly appears that R. M. Hotaling was, when he made the affidavit, the president of the corporation, and that he made it “in its behalf.” That he was the person sworn and the person who made the affidavit and deposed to the facts embodied in it clearly appears from the body of the document which the notary certifies was subscribed and sworn to. It was not…