Reports of Practice Cases Determined in the Courts of the State of New York 18

Cover Reports of Practice Cases Determined in the Courts of the State of New York 18
Reports of Practice Cases Determined in the Courts of the State of New York 18
Abbott, Benjamin Vaughan, 1830-1890
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And then on being brought before the court, interroga- tories and answers thereto are to be filed, and if no suffi- cient cause to the contrary be shown, a writ or process of commitment will be issued against him. The office of an attachment is to bring the party into court to answer for some alleged dereliction of duty. ''It differs from arrest in that he who arresteth a man car- rieth him to a higher power to be forthwith disposed of ; but he that attacheth keepeth the party attached, and pre...sents him in court at the day assigned, as ap- pear by i, l:.. Words of the writ" (Jacob Law Die. , tit. . Attach. ). I t, . ;r L' the court in the Matter of Watson, lost sight of the distinction. V ^ > *" 7 een an attachment and a proct^j of commitment in the attachment proceeding the statute regulating the form of the attachment only and not of the process of commitment. The sur- rogate, after having issued the attachment of a form similar to that used by the court of chancery, proceeds to punish by a process adapted to the case.

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