The Merchants' Law Book Author:William Grimshaw Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. ATTACHMENT. The law of foreign attachment, as it exists in Pennsylvania ; with a summary of the leading principles on that subject, as establishe... more »d by the adjudication of the respective courts in London, and the Federal Courts of the United States. Sect. I. Preliminary observations. 2. Acts of Assembly. 3. Who are liable to a foreign attachment, and when a domestic attachment must be pursued. 4. The courts having jurisdiction in foreign attachment. 5. For what demands, a foreign attachment will lie. 6. What description of property is liable to a foreign attachment. 7. How far the assignment of a fund will prevail against a foreign attachment. 8. Of the garnishee. How far he may retain against the plaintiff in the attachment. Of his liability to the defendant and others; and the effect of the attachment upon his estate. 9. Practice in foreign attachment. 10. Effect of a judgment, and liability of the plaintiff. Section i. .. Preliminary observations. The ordinary method of proceeding in Pennsylvania, to institute a suit at common law, is by summons orcapias. But, as these necessarily suppose the presence of the debtor within the jurisdiction of the state, the process of attachment against his property is allowed in certain cases, where he is not within such jurisdiction, to prevent a defect of remedy, where there is property to answer the claim of the creditor.—Serg. on Attach. 1. This kind of proceeding is called foreign attachment: which may be described to be a mode of proceeding by a creditor against the property of his debtor, where the debtor himself is out of the jurisdiction of the state; and is meant, in the first instance, to compel an appearance by the debtor, although eventuall)' his property may be made liable to...« less