8-104. AFFIDAVIT FOR ARREST. The order may be made whenever it appears to the judge, by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the case is one of those mentioned in section 8-102. The affidavit must be either positive or upon information and belief; and when upon information and belief, it must state the facts upon which the information and belief are founded. If an order of arrest be made, the affidavit must be filed with the clerk of the court.
History:
[(8-104) C.C.P. 1881, sec. 273; R.S., R.C., & C.L., sec. 4243; C.S., sec. 6732; I.C.A., sec. 6-104.]