Fitzsimmons v. Marks

By the Court,

Talcott, J.

This is an action for goods sold and delivered. It appears that certain persons caused an attachment to be issued, in 1869, in the state of New Jersey, against the property and effects of the defendants, as non-residents of that state. The plaintiffs in this suit filed their claim, on which this suit is brought, with the auditor appointed under the attachment proceedings, as they were authorized to do under the statute of New Jersey, to obtain a distributive share of the property and effects seized on the attachment. The duty of the auditor, under the statute, is to…