Reyburn v. Bassett & Bracket

By the Court —

Pettit, C. J.

This is a petition in error to reverse an order of the judge of the second district, made in vacation, sitting in Douglas county, discharging an attachment which had been issued in this cause. Up to about the time this order was made, it had been the uniform custom, in all the districts, to hear these motions arid grant these orders in vacation, and its propriety, so far as we know, had not been questioned by any member of the bar in the territory ; but, on an examination of the Code of 1859, we are satisfied it does not confer this power on the judge in vacation.…