Pancost v. Corporation of Washington
U.S. Circuit Court for the District of District of Columbia
Attachment under the Maryland Act of 1795, c. 56. Elias Gurnaer, the principal debtor, having died since the last terra, Mr. Redin moved the Court that the appearance of the administrator may now be entered and the attachment be dissolved. He contended that the object of the attachment was only to compel an appearance; and that where, by the act of God, or of the law, the defendant cannot give bail and appear, the attachment should, be discharged.
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Attachment under the Maryland Act of 1795, c. 56. Elias Gurnaer, the principal debtor, having died since the last terra, Mr. Redin moved the Court that the appearance of the administrator may now be entered and the attachment be dissolved. He contended that the object of the attachment was only to compel an appearance; and that where, by the act of God, or of the law, the defendant cannot give bail and appear, the attachment should, be discharged. The defendant, while living, had a right to appear, upon giving bail, which would have dissolved the attachment. But his administrator has a right…
1Opinion of the Court
The Court
(Thruston, J.,
contra,) permitted the appearance of the administrator of the principal debtor without bail, and dissolved the attachment.
2Cited by1 opinion
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