Sheehan v. Ruben

The question here for this court to decide is: Did the common-law action filed by the plaintiff in the circumstances above set forth from the record, comply with the requirements of a declaration in attachment? The plaintiff in error says: “Yes.” The defendant in error says, “No.” Let us endeavor to determine what the law is.

The record does not reveal whether the attachment or the common-law action was filed first. The plaintiff contends that they were filed simultaneously. Attachment proceedings do not grow out of the common law. Such proceedings are statutory. When attachment proceedings…