Knight v. William P. Clyde & Co.

The only service in this case which is relied upon is a service by foreign attachment upon the plaintiffs themselves. The defendants, who are non-residents, appear, not to answer the action, but simply to move its dismissal for want of legal service. The only question now before us is, therefore, whether such a service is valid.

We think such a service is invalid ; for, though our statute nowhere expressly provides that the plaintiff shall not be the garnishee, it contains provisions jwhich are inconsistent with it. For instance, it provides that the plaintiff may sue the garnishee. It…