People v. Ten Eyck , 1 Wend. 306 ( 1828 )

By the Court,

Sutherland, J.

Although the rule for the attachment was not obtained until more than twenty days had expired after the service of the notice on the sheriff still the attachment issued irregularly. The sheriff had not twenty days after the service of the notice on him, before he was required to shew cause ; he must, therefore, be discharged from the attachment, and the plaintiff obtaining the attachment must pay the costs of this proceeding.