Document Type

Response or Comment

Publication Date

1910

Abstract

If the creditor should not have the aid of attachment to recover on unliquidated demands, why not? It is true that attachment as a security for the satisfaction of the judgment that may be recovered in an action pending or just commenced was unknown to the general common law of England, and existed only in a restricted form as a special custom of London and other places in the form of garnishment till it was introduced into the New England colonies by an early statute of Massachusetts, whence its utility commended it so that it was soon adopted in all the colonies. Therefore, it may be said that if there is no authority for attachment on unliquidated demands under the statute there is no authority at all-that the proceeding is purely statutory, and authority must be found in the statute for each case.


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