60-704. Form of affidavit, by whom made. The affidavit shall be made by the plaintiff, or some person for the plaintiff, and shall state: (1) The grounds upon which the attachment is sought, specifying with particularity the facts in support of such grounds, (2) that the plaintiff has a just claim against the defendant, and (3) the amount which the affiant believes the plaintiff ought to recover, after allowing all just credits and setoffs.
History: L. 1963, ch. 303, 60-704; L. 1977, ch. 202, § 3; April 18.
Source or prior law:
G.S. 1868, ch. 80, § 191; L. 1909, ch. 182, § 191; R.S. 1923, 60-902.
Cross References to Related Sections:
Availability of garnishment before judgment in limited actions, see 61-3503.
Law Review and Bar Journal References:
"Civil Procedure: Kansas Prejudgment Attachment and the Due Process Clause," Scott J. Gunderson, 17 W.L.J. 163, 169 (1977).
"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 187 (1979).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-902.
1. Affidavit held adequate to support order of garnishment of local bank account maintained by foreign corporation. Nelson v. Thornberg, 504 F. Supp. 199, 201.
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