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1 D.C. 527

Davis v. Wyer

District of Columbia District Court

Decided December 15, 1808

District of Columbia District Court · decided 1808-12-15

Attachment under the Act of 1795, c. 56. The justice certified that William Davis jnade oath that the defendant is bona fide indebted to him in the sum of $92.50, &c., according to the act, and that William Davis at the same time produced before him a memorandum of a settlement betwixt the said Uriah Wyer and Jacob Todhunter, which memorandum was assigned to the aforementioned William Davis, by which it appeared that the said Uriah Wyer is indebted as aforesaid, and upon…

Decided 1808-12-15

¶1The Court (nem. con.) on motion, quashed the attachment' There was no evidence that a copy of the short note had been set up at the court-house door, nor that the proofs exhibited to the •justice, were lodged with the clerk. The attachment was in the *528name of W. Davis, but the assignment of the account was to "W. G. Davis. The handwriting of Todhunter was not proved.

Cranch, C. J.,

¶2said the attachment must be in the name of the legal plaintiff.

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