attachment

attachment is wholly the creature of, and controlled by, the law of the state; property and persons within the state can be subjected to the operation of that local law; power over the person who owes a debt confers jurisdiction on the courts of the state where the writ of attachment issues; and by reason of the constitutional requirement that full faith and credit be given the valid actions of a state, courts of one state must recognize valid attachment judgments of other states

Taking into the custody of the law the person or property of one already before the court, or of one whom it is sought to bring before it. A writ for the accomplishment of this purpose. This is the more common sense of the word. Of Persons. A writ Issued by a court of record, commanding the sheriff to bring before it a person who has been guilty of contempt of court. Of Property. A writ issued at the institution or during the progress of an action, commanding the sheriff or other proper officer to attach the property, rights, credits, or effects of the defendant to satisfy the demands of the plaintiff. The original design of this writ was to secure the appearance vf one who had disregarded the original summons, by taking possession of his property as a pledge. 3 Bl. Comm. 280. By an extension of this principle, in the New England states, properly attached remains in the custody of the law after an appearance, until final judgment in the suit. See 7 Mass. 127. In some states, attachments are distinguished as foreign and domestic, — ^the former issued against a nonresident of the state, the latter against a resident. Where this distinction is preserved, the foreign attachment inures solely to the benefit of the party suing it out; while the avails of the domestic attachment may be shared by other creditors, who come into court and present their claims for that purpose.

The act or process of inking, apprehending or seizing persons or property, by virtue of a writ, summons or other judicial order, and bringing the same into the custody of the law; used either for the purpose of bringing a person before the court, of acquiring jurisdiction over the property seized, to compel an appearance, to furnish security for debt or costs, or to arrest a fund in the hands of a third person who may become llable to pay it over. Also the writ or other process for the accomplishment of the purposes above enumerated, this being the more common use of the word. Of persons. A writ issued by a court of record, commanding the sheriff to bring before it a person who has been gullty of contempt of court, either in neglect or abuse of its process or of subordinate powers. 3 BL Comm. 280 ; 4 Bl. Comm. 283; Burbach v. Light Co., 119 Wis. 384, 96 N. W. 829. Of property. A species of mesne process, by which a writ is issued at the institution or during the progress of an action, commanding the sheriff to seize the property, rights, credits, or effects of the defendant to be held as security for the satisfaction of such judgment as the plaintiff may recover. It is principally used against absconding, concealed, or fraudulent debtors. U. S. Capsule Co., v. Isaacs, 23 Ind. App. 533, 55 N. E. 832; Campbell v. Keys, 130 Mich. 127, 89 N. W. 720; Rempe v. Ravens, 68 Ohio St 113, 67 N. E. 282. To give jurisdiction. Where the defendant is a non-resident, or beyond the territorial jurisdiction of the court, his goods or land within the territory may be seized upon process of attachment; whereby he will be compelled to enter an appearance, or the court acquires jurisdiction so far as to dispose of the property attached. This is sometimes called "foreign attachment." Domestic and foreign. In some jurisdictions it is common to give the name "domestic attachment" to one issuing against a resident debtor, (upon the special ground of fraud, intention to abscond, etc.,) and to designate an attachment against a non-resident, or his property, as "foreign." Longwell v. Hartwell, 164 Pa. 533, 30 Atl. 495; Biddle v. Girard Nat Bank, 109 Pa. 356. But the term "foreign attachment" more properly belongs to the process otherwise familiarly known as "garnishment" It was a pe-chliar and ancient remedy open to creditors within the jurisdiction of the city of London, by which they were enabled to satisfy their own debts by attaching or seizing the money or goods of the debtor in the hands of a third person within the jurisdiction of the city. Welsh v. Blackwell, 14 N. J. Law, 346. This power and process survive in modern law, in all common-law jurisdictions, and are variously denominated "garnishment," "trustee process," or "factorising."

— Attachment execution. A name given in some states to a process of garnishment for the satisfaction of a judgment. As to the judgment debtor it is an execution; but as to the garnishee it is an original process
—a summons commanding him to appear and show cause, if any he has, why the judgment should not be levied on the goods and effects of the defendant in his hands. Kennedy v. Agricultural Ins. Co.., 165 Pa. 179, 30 Atl. 724; Appeal of Lane, 105 Pa. 61, 51 Am. Rep. 166.

— Attachment of privilege. In English law. A process by which a man, by virtue of his privilege, calls another to litigate in that court to which he himself belongs, and who has the privilege to answer there. A writ issued to apprehend a person in a privileged place. Termes de 1a Ley.

— Attachment of the forest. One of the three courts formerly held in forests. The highest court was called r'justice in eyre's seat;" the middle, the "swainmote;" and the lowest, the "attachment." Man wood, 90, 99.

A taking or seizure of a person or property by virtue of a legal process; the writ or process upon which such taking or seizure is made. An attachment against the person is a writ or process in the nature of a criminal proceeding, issuing out of a court of record against a person who has committed some contempt of court. The object and effect of the attachment is to bring the party personally into court, where, unless he clears himself of the contempt, he is punished by fine or imprisonment, or both. An attachment against property is of several kinds; as, (1) The old process of attachment in English practice, by which a defendant's goods were seized as a distress or means of compelling appearance in an action; (2) An ancient mode of procedure under the custom of London, by which a debt due a debtor by a third person, termed a garnishee, might be seized and appropriated to the payment of a creditor's demand; (3) A species of mesne process peculiar to the practice of some of the eastern states, by which goods, etc., of a defendant are seized at the beginning of a suit and held as security to satisfy such judgment as the plaintiff may recover, — originally the same with the English process; (4) A process arising out of the custom of London above mentioned, but now regulated by statute, against the property of absent, absconding, concealed and non-resident debtors, otherwise called foreign attachment, and in some cases domestic attachment. A species of this process is termed garnishment, and in some states trustee process and factorizing process. Attachment of privilege: a process by which a person privileged to litigate in a certain court, for instance an attorney or a court officer, calls another into such court to answer to an action; a writ, also, issued to apprehend a person in a privileged place. Attachments, court of: the lowest of the forest courts. See Court; Contempt; Domestic attachment; Factoring; Foreign attachment; Garnishment; Trustee process.

The act or process of taking, apprehending, or seizing persons or property, by virtue of a writ, summons, or other judicial order, and bringing the same into the custody of the law; used either for the purpose of bringing a person before tha court, ot acquiring jurisdiction over the property seized, to compel an appearance, to furnish security for debt ur costs, or to arrest a fund in the hands of a third person who may become liable to pay it over. Also the writ or other process for the aecomplishment of the purposes above enumerated, this being the more common use of the word, Of persons. <A writ issued by a court of record, commanding the sheriff to bring before it a person who has been guilty of contempt of court, either in neglect or abuse of its process or of subordinate powers. 8 Bl. Comm. 280; 4 Bl. Comm, 283. Of property. <A species of mesne process, by which a writ is issued at the institu: tion or during the progress of an action, com. manding the shorilf to seize the property, rights, credits, or effects of the defendant tc be held as security for the satisfaction of such judgment as the plaintiff may recover. It is principally used against absconding, concealed, or fraudulent debtors. To give jurisdiction. Where the defendant is a non-resident, or beyond the territorial jurisdiction of the court, his goods or land within the territory may be seized upon process of attachment; whereby he will be coinpelled to enter an appearance, or the court acquires jurisdiction go far as to dispose of the property attached. This is sometimes called “foreign attachment.” Domestic and foreign. In some jurisdictions it is common to give the nume “domestic attachment” to one issuing against a Iignate an attachment against a non-resif, or his property, as “foreign.” But ‘term “foreign attachment” more proply belongs to the process otherwise familfly known as “garnishment.” It was a saliar and ancient remedy open to ereditors hin the jurisdiction of the city of Lona, by which they were enabled to satisfy drown debts by attaching or seizing the ney or goods of the debtor in the hands of hird person within the jurisdiction of the iy. This power and process survive in dern law, in all common-law jurisdictions, al are variously denominated “garnishtient,” “trustee process,” or “factorizing.”

Attachiamentum, I. 1. A process of taking into custody a person or property; it issues from courts 'of i:ecord in cases of contempt. If issuing only against the person, it is called personal attachment. 3. Attachment of goods, taken either as security or to give jurisdiction of an action against a foreigner, in which latter case it was called Foreign attachment. This existed in old English law, and is now common in some of the Eastern States. 3. Foreign attachment: a process, arising out of a custom of London, by which the debtor's goods or debts were reached by the creditor in the hands of a third person. Called also Factorizing or Trustee Process, or Garnishment All these writs of attachment were issued at the institution or during the process of an action in a court of record. Attachment of privilege: a process whereby a man privileged to litigate in a certain court (as attorneys and officers in their own court) ca Us another into that court to answer to some action. Also, a writ issued to apprehend a person in a privileged place. Attachments, Court of: v. Court, 75.

\L. La,t. attachiamentum.l In practice. A taking or seizure of a person or property, by virtue of a legal process. See infra. A writ or process for the tating or seizure of persons or property. See Attach. An attackm£nt against the person is a writ or process in the nature of a criminal proceeding, issuing out of a court of record, against a person who has committed some contempt of court, either by openly insulting the court itself, or by insulting, resisting, disregarding or abusing its process, or by doing or omitting to do any thing which shows his disregard of the authority of the court. Attachments of this kind may be issued against attomies, solicitors, sheriffs, gaolers and other officers of court, parties to suits, jurors, witnesses, inferior judges and officers, for misconduct or neglect of duty; and against all persons who may be guilty of a contempt of court, either direct or consequential. 4 Bl. Com. 283, 284. 4 Steph. Com. 848. 1 Tidd's Fr. 479, 480. See Contempt. The object and effect of the attachment, in these cases, is to bring the personally into court, where, unless a iars himself of the contempt, he is punished by fine or imprisonment, or both, at the discretion of the court. 4 BL Com, 287. See U. S. Digest, Attachment, V. An attachment against property is of several kinds, as 1. The old process of attachment in English practice, by which a defendant's goods were seized as a distress or means of compelling his appearance in an action. 3 Bl. Com, 280. Roscoe Real Act. 161. 2. A species of mesne process pecuhar to the practice of some of the Eastern States, by which the goods and chattels, or lands of a defendant are seized at the commencement of a suit, and held as security to satisfy such judgment as. the plaintiff may recover. Rev, Stat, Mass, 1836, part iii. tit. 2, c. 90, §§ 23, 24. Story on Bailm, § 124. Story, J., 2 Story's R. 131, 141. This was originally the same with the English process, {supra,) Parsons, C. J., 7 Mass, R, 123, 128. See U. S, Digest, Attachment, I. Minot's Digest, Attachment. 3. The process of attachment against the property of absconding, concealed, absent or non-resident debtors; otherwise called foreign attachment, and sometimes domestic attachment, and trustee process. See Foreign attachment. Domestic attachment, Trustee process.