Falk Co. v. American Railway Express Co.

Opinion by

Henderson, J.,

The writ of foreign attachment is a proceeding against property and the thing to be attached must be within the jurisdiction of the court. This is evident from the terms of the writ as prescribed by the statute. The object is to bring the debtor within the jurisdiction to respond to the plaintiff’s demand. The sheriff is directed to return the writ on the return day named therein. If he fail to find any person in whose possession there is property tangible or intangible, of the debtor, there is no attachment and the proceeding falls. It does not avail that someone be…