Brune v. Miskind

The writ was awarded by order of a Supreme Court Commissioner. The order covers eight full typewriter pages and closely follows the language of the moving affidavit, but I do not find in it any specific statement of the ground or grounds on which the attachment was ordered, except that it is “for fraudulently contracting the debt respecting which suit is to be brought.” The power of the commissioner arises, if at all, under clause 3 of section 1 of the Attachment act (Comp. Stat., p. 133), viz., proof by affidavit of fraud which Avould warrant an order for a capias ad respondendum, and this…