Massachusetts Supreme Judicial Court September 15, 1864 (Wood v. Melius)

Metcalf, J.

It is provided by the Gen. Sts. c. 124, § 2, (reenacting § 1 of c. 249 of St. 1855,) that “ no person shall be ar rested on mesne process in an action of tort unless the plaintiff or some person in his behalf makes oath,” among other things, “ that he has reason to believe that the defendant is likely to remove beyond the jurisdiction of the court to which the writ is returnable.