Rand v. Sherman

In practice, it has rarely, if ever, happened, of late years, that a writ of attachment has been used, in the commencement of a real action. The process in common use, in such cases, has been a summons. But we see no reason why a writ of attachment may not be used. In personal actions, goods and estate may be attached, and held to pay the costs, as well as the debt or damage. We are, on the whole, of opinion that the plea must be adjudged insufficient.