Dodson v. . Bush

The act of 1794, on which the proceedings in this cause are grounded, is remedial, and ought to be so expounded as to obviate the mischief and advance the remedy intended. The object of the Legislature was to speedily settle conflicting claims to property attached.

The decision here complained of is setting aside the judgment by default after the cause had been pending two or three terms. It has not, however, been shown, nor is it believed, that any evil can arise from such decision. No time is limited by the act of Assembly when the party claiming the property attached shall interplead. We…