Evans v. Gray

This action was commenced by attachment on the 20th day of March last, and on the 28th of the same month, an attorney was appointed to represent the absent debtor.

Sixty days were allowed to put in an answer, and, before the delay expired, it was filed. On the 4th of June, an agent of defendants made affidavit, that by a commission directed to Pittsburgh, Pennsylvania, and places within the state of Ohio, he expected and had every reason to believe, he could prove the several matters *476of defence, on which the defendants relied.

The district judge refused the commission, on the ground that the…