Birch v. Butler

U.S. District Court

Decided June 15, 1806

U.S. District Court · decided 1806-06-15

Attachment under Act Md. 1705, c. 56, [in suit by Birch & Small against Butler.] Mr. Morsell and Mr. Dorsey, 1. Objected that the oath was made by Small only. 2. That the Christian names of Birch & Small are not mentioned, either in the writ of ca-pias. or of attachment, nor in the affidavit. S. That it must appear on the papers that the plaintiffs were citizens of the United States. The act was made for a certain class of people, for citizens of the United States only.

Decided 1806-06-15

THE COURT

¶1stopped Mr. F. S. Key as to the 1st objection.

¶2Mr. F. S. Key. As to 2d, the omission of the Christian name does not affect the merits. This objection would not prevail on a motion in arrest of judgment. It could only be taken advantage of by a special demurrer.

¶3THE COURT refused to quash the attachment and suffered.the plaintiff to amend the capias and attachment, by inserting the Christian names. They did not think it necessary that the plaintiffs should aver themselves to be citizens of the United States.