2 D.C. 426
Decided October 15, 1823
This was an attachment under the Act of Maryland of 1795, c. 56. Mr. Marbury moved the Court to quash the attachment, because the-affidavit made to obtain the attachment was made before a judge of the State of New York, and the notary-public who had certified the judge, had not certified that he had authority to administer the oath according to the second section of the Act of 1795.
Decided 1823-10-15
¶1at first, doubted whether Mr. Marbury could be heard, as he did not appear for any party in the cause ; and requested him to ascertain what had been the practice in the courts of Maryland.
¶2He afterwards produced the case of Campbell v. Morris et al., in Harris & M’Henry’s Reports ; and the Court permitted him to make the suggestion ; and quashed the attachment.