Lithas v. Marble

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued to recover damages for the wrongful attachment of personal property and to enjoin the sale of that property. Judgment was rendered in favor of the defendant, and the plaintiff appeals.

This case turns on the jurisdiction of a justice of the peace to attach property in his county where the defendant is a resident of another county and is not served with summons, but is served by publication notice under section 61-408 of the Revised Statutes. That section reads:

“If the order of attachment is made to accompany the summons,…