Sullivan v. Moffat

The opinion of the court was delivered by

Dixon, J.

On November 21st, 1901, a writ of attachment was issued at the suit of the plaintiff against the defendants, and on December 14th the defendants, without giving bond, entered a general appearance to the action. They now move that the property attached be released from the lien of the writ, on the ground that the plaintiff’s demand, as set forth in his declaration and bill of particulars, is for unliquidated damages.

The plaintiff insists that this motion is precluded by the general appearance, and cites the decisions in Connelly v. Lerche, 27…