Ludlow v. Ramsey
Supreme Court of the United States
Appeal from tbe Circuit Court for tbe Eastern District of Tennessee, tbe case being thus: Tbe code of Tennessee of 1857-8, under its chapter on “ Attachments,” enacts that a plaintiff after action for any cause has been brought may, when the sum claimed exceeds $50, on giving bond, &c., sue out an attachment at law or in equity against the property of a defendant in the following cases: “Where he is about to remove or has removed himself from the State.
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Appeal from tbe Circuit Court for tbe Eastern District of Tennessee, tbe case being thus: Tbe code of Tennessee of 1857-8, under its chapter on “ Attachments,” enacts that a plaintiff after action for any cause has been brought may, when the sum claimed exceeds $50, on giving bond, &c., sue out an attachment at law or in equity against the property of a defendant in the following cases: “Where he is about to remove or has removed himself from the State. “ Where he absconds or is absconding or concealing himself or property.” The code continues : . “ In order to obtain an attachment, the…
1Opinion of the CourtJustice Bradley
delivered the opihion of the court.
As the bill in this case is a collateral proceeding to set aside the sale, mere errors and irregularities in the original proceeding will not suffice. It must be shown that the court had no jurisdiction. We had occasion, recently, in the case of Cooper v. Reynolds, * which came from the same district as this casé, and also arose upon an attachment, to examine this question, and it is unnecessary to repeat what was then said. The question is, did the court acquire jurisdiction of the case ? It is not denied that it has general jurisdiction of attachments in…
2Cited by28 opinions
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- Foreman v. CarterSupreme Court of Kansas · 1872
- Haymond v. CamdenWest Virginia Supreme Court · 1883
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Miller v. WhiteWest Virginia Supreme Court · 1899
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