Attachment

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.