Foster v. Dryfus

Foster sued Dry fus for money demands on contract. At the same time, on an affidavit and bond filed, he caused writs of attachment to issue against the property of the defendant, which were served and returned. The defendant appeared and pleaded to the action, without controverting, or avoiding the facts alleged in the affidavit for the attachment. Trial, and verdict for the plaintiff. After *159verdict, and before judgment, the defendant moved to dismiss the attachment, “ on the sole ground that the plaintiff had not given in evidence to the jury the affidavit for attachment filed herein, nor…