Hirshorn v. A. L. Tuska, Son & Co.

A judgment creditor obtained a warrant of attachment which was valid when it was delivered to the attorney and by the attorney to the marshal. The summons was delivered to the marshal at the same time for service. The summons was never served and the method of levying the attachment made the levy invalid and the taking of the property a conversion. The marshal made a return that he had served the summons,, which he thought he had done, but as a matter of law the return was false. On that return, however, the judgment was entered. As there *454never was any levy under the attachment, there was no…