Cossitt v. Winchell

Churchill, J.:

On the ninth day February, 1876, Benjamin Cowan procured a warrant of attachment in the Supreme Court against Yates R. Brand as a non-resident, and delivered a copy to Winchell, the defendant in this action, with notice that he attached a debt owing by him to Brand.

On the 5th of April, 1876, service by publication of the summons in Cowan v. Brand was commenced and prosecuted to completion, and on the fifth day of May, 1876, the defendant duly appeared by attorney and answered in the action, which was after-wards tried, and November 8, 1880, Cowan obtained judgment for $498.85.…