Neal v. Cook
Neal v. Cook
Opinion of the Court
The scire facias issued in this case against Ava Neal, as garnishee, is essentially defective in not stating with sufficient certainty and precision, the nature of the property attached. As the garnishee may have occasion to avail himself of the recovery against him, for protection in .case of a subsequent demand or suit by the defendant in attachment, the nature of the property attached in his hands ought to be shewn with such precision as to afford him adequate means of protection, to enable him to plead and prove the proceedings under the attachment as a bar to another demand. The recital in the scire facias is that the constable had “ attached the rights and credits of William Curtis, in the hands of Ava Neal, to the amount of forty-five dollars.” No state of demand having been filed on the return of the
The other justices concurred.
.Judgment reversed
Reference
- Full Case Name
- AVA NEAL against RICHARD COOK
- Status
- Published