Dulton v. Shelton
Dulton v. Shelton
Opinion of the Court
delivered the opinion of the court. Wells, Justice, concurred.
The remedy by attachment is given by the statute of this State to those contracts for the direct payment of money which are made, or are payable, in this State.
It is argued, that although the contract was not made, nor by ' its terms payable in this State, yet because the defendants reside here, and the action is transitory, that therefore it is pay
Judgment affirmed.
Reference
- Full Case Name
- DULTON v. SHELTON & MARSTON
- Cited By
- 8 cases
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- Syllabus
- The remedy by attachment is given by the statute of this State to those contracts for the direct payment of money which are made in, or are payable, in this State. A debt due for merchandise sold in Boston, to residents of San Francisco, and forwarded to the latter, they stipulating to pay by remitting funds to Boston, is not the subject of an attachment under the act of 29th April, 1851. To entitle a party to an attachment under this act, the contract must be made in this State, or must contain a stipulation that the money is to be paid here.