¶1In practice, it has rarely, if ever, happened, of late years, that a writ of attachment has been used, in the commencement of a real action. The process in common use, in such cases, has been a summons. But we see no reason why a writ of attachment may not be used. In personal actions, goods and estate may be attached, and held to pay the costs, as well as the debt or damage. We are, on the whole, of opinion that the plea must be adjudged insufficient.
6 N.H. 29
Rand v. Sherman
Superior Court of New Hampshire
Decided May 15, 1832
Superior Court of New Hampshire · decided 1832-05-15
This was a writ of entry. The tenant craved oyer oi the writ, which was as follows. “ THE STATE OF NEW-IfAMPSHIEE. Grafton, ss. To the sheriff, &c. We command you to attach the goods or estate of Samuel Sherman, Ac. to the value of fifty dollars, and summon the said Sherman to appear, &c. then and thereto answer to Hamlin Rand, &c. in a plea of land, Sic. He then prayed judgment of the writ, because it was not in the form by law prescribed for a writ, in suelta case.
Decided 1832-05-15