Kissam v. Marshall

—The defendant moves to vacate an attachment granted against him as a non-resident debtor, for irregularity.

Several objections are alleged, but only two are entitled to any consideration :

1. The warrant has not been signed by the attorney.

2. The undertaking therefor is in the sum of $200 when section 230 of the Code requires an undertaking in at least $250, before the warrant shall issue.

The first defect is clearly amendable.* The second one is of a more serious character.

On first impression, it seemed a fatal failure to give jurisdiction to the court.

There are, however, several adjudged…