Cabeen v. Douglass

This was action of debt, on a writing obligatory, brought by Douglas, in the Court below, against one John McClary. The proceedings were by attachment, and Ca-been, the plaintiff in error, was named as garnishee. Judgments were taken by default, against McClary and Cabeen, in the Court below.

Two points are relied upon, by the plaintiff in error, as sufficient to .set aside the judgment against him : First, that no sufficient affidavit was filed, to authorize the issuing of the attachment. Second, that 1here was no legal service of the attachment upon the garnishee. As some doubts are…