Leach v. Swann

Foreign attachment. The affidavit set forth an indebtedness evidenced by a promissory note. The writ of attachment issued and certain property was seized. At a subsequent term of the Court, the defendant, by attorney, filed a plea in abatement alleging that the note constituting the ground of indebtedness in the case, was executed jointly by the defendant and one John Leach, who was still alive and a resident of the state. Replication, that the note was several as well as joint. Demurrer to the replication, which *69was overruled, and the defendant refusing to answer further, the Court gave…