7 F. Cas. 191
U.S. District Court
Decided December 15, 1808
U.S. District Court · decided 1808-12-15
Attachment under the act of 1795, c. 56. The justice certified that William Davis made 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 derk. The attachment was in the name of W. Davis, but the assignment of the account was to W. G. Davis. The handwriting of Todhunter was not proved.
¶2said the attachment must be in the name of the legal plaintiff.