McBride v. Bartol

McLaughky, P. J.,

On June 15, 1922, the plaintiff filed a praecipe directing that a writ of foreign attachment issue against the defend*72ant, attaching his property in the possession of the garnishee. On the same day the plaintiff also filed an affidavit of cause of action.

The proceedings of foreign attachment proceed in regular course until Jan. 12, 1923, when an appearance was entered in behalf of the defendant by Davis, Fruit & Anderson, his attorneys.

On June 18, 1923, the plaintiff presented a motion for judgment against the defendant for the reason that no affidavit of defence had been…