Montgomery v. McDermott

WALLACE, Circuit Judge.

To the bill of complaint filed in aid of an attachment obtained in a suit at law the defendants Perkins and Fowler have interposed a plea of res adjudicata. The plea is directed to so much of the bill as alleges that the complainant obtained a lien by the attachment upon the fund which the bill seeks to reach. The ease presented is substantially this: The complainant, as plaintiff in an action at law in assumpsit brought against one McHenry, caused a warrant of attachment to be issued in the action against the property of McHenry. The writ was levied upon certain…