Public-domain · open source
OpenJurist

1 U.S. 305

Whiteside v. Oakman

Supreme Court of the United States · decided 1788-06

Cited by 2 later decisions — most recently April 1828

1 state decisions

Relies on Smith v. Nicholson · Kearney v. M'Cullough

Good law ✅— No negative treatment on recordhow we know

Decided 1788-06

View the full empirical analysis of this case →

¶1Foreign attachment.

¶2It is too late, to move to quash a foreign attachment, after judgment has been regularly entered upon it.

¶3This was a foreign attachment, returnable to December term, 178'7, in which judgment had been entered agreeable to the act of assembly.

¶4Ingersoll now moved, for a rule to show cause why the attachment should not be quashed; observing, that if the same thing might be done in'a circuitous manner, he supposed it could not, in this way, be deemed too late ; for, upon entering special bail, the plaintiff might be called on to show cause of action ; and attachments are often set aside, where no cause is shown.

¶5*306Shippen, President.

¶6It is very late to move for a rule of this nature. If tHere is a mistake in the proceedings, but not on the merits, a rule to show the cause of action may be required, after special bail is entered. We should be afraid, however, of introducing so dangerous a practice as would be countenanced by granting the present motion.

¶7*Ingersoll said, that, if the court were of opinion, that he was toe late, ho should not certainly press the question; but waive his motion; which was accordingly done.(a)

/1/us/305 · .json · Public domain