Wilke

This is an appeal from an order dissolving an attachment.

The affidavit for attachment was in the form required by the statute as to statement of the indebtedness upon a contract made in this State, and concluded with these words: “ And that the payment of the same has not been secured by any mortgage or lien upon real or personal property; or, if originally so secured, that such security has, without any act of the plaintiff or the person to whom the security was given, become valueless.” Upon this affidavit the defendant moved to dissolve the attachment, which motion was granted.

The objection to the sufficiency of the affidavit is made, that whereas the statute gives a creditor a right to have his debtor’s property seized to respond to a judgment in either one of two instances—viz., where there has been no security, or, there having been security, such security has without any act of the creditor become valueless—this affidavit, stating both in the alternative, in fact states neither.

It has been held in several States, and is repeated in Drake on Attachments, § 102, “ that where the disjunctive or is used, not to connect two distinct facts of different natures, but to…