Legal Opinion

Shadduck v. Marsh

Supreme Court of New Jersey

Decided July 15, 1848PublishedCited by 1 opinion

On foreign attachment.

1Opinion of the CourtCarpenter, J.

The affidavit of the defendant is not sufficient in support of a motion to quash : proof must be produced from a different quarter. It may be competent for the purpose of obtaining a rule to shew cause, but it is not evidence upon which the rule can be made absolute. 7 Halst. 64; 1 Bing. 145.

It has heretofore been satisfactorily decided upon the words of the statute, that the plaintiff in attachment need not specify the cause of action in the affidavit filed by him in order to obtain the writ. The statute simply requires the applicant for the writ against a non-resident debtor, in addition to…

2Cited by1 opinion

  1. Korb v. Newspaper PM, Inc.District Court, D. New Jersey · 1941

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