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Per Curiam.— The 35th section of the act of 16th June, 1836, (.Stroud’s Purd. tit. Execution,) allows the attachment of execution “ in the manner” of a foreign attachment, but does not give to it all the effect of the latter kind of attachment. On the contrary, the attachment of execution, in case of a debt, is described in the words “ debt due to the defendant.” The sum of 400 dollars, spoken of in the answers, was not a debt due at the time of the service of the attachment.
Rule discharged.
Document Info
Citation Numbers: 2 Miles 352
Filed Date: 12/21/1839
Precedential Status: Precedential
Modified Date: 11/10/2024