Lawrence v. Ware

JUDGE GAYLE

delivered the opinion of the Court.

This action is founded on an attachment issued by a justice of the peace, on the 16th of September, 1823, against the plaintiffs in error, who reside out of this State. The attachment was not levied on any article of property, but a summons for John Duncan jr & Co., and others, as garnishees, was served by the sheriff, on the agent of Duncan & Co. requiring them to appear and say in what sum they were indebted to Lawrence, Rape-lye & Co. At the fall term, 1823, Ware filed his declaration, reciting that the defendants were attached by their goods,…