Burleigh v. Sartain

The affidavit for attachment was entitled in a supposed cause, between appellant as plaintiff and respondents as defendants. It states that affiant is "the plaintiff in the above stated cause," and speaks of Paul J. Sartain and John V. Rice, Jr., "who are the defendants in said cause," and that "neither of said defendants has a residence or place of abode in the State of New Jersey,"c.

The motion to vacate the order for attachment and to quash the writ was heard and decided by Mr. Justice Trenchard, who communicated his conclusions to counsel in letter form, as follows:

"Since the affidavit…