Attachment

\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.