ATTACHMENT. Taking into the cus tody of the law the person or property of one already before the court, or of one whom it is sought to bring before it.
A writ for the accomplishment of this pur pose. This is the more common sense of the word.
Of Persons. A writ issued by a court of record, commanding the sheriff to bring be fore it a person who has been guilty of con tempt of court, either in neglect or abuse of its process or of subordinate powers, 3 Sham wood, Blackst. Comm. 280 ; 4 id. 283, or dis regard of its authority in refusing to do what is enjoined, 1 Term, 266 ; Comp. 394, or by openly insulting the court. Saunders, Pl. Cr. 73 b ; 4 Sharewood, Blackst. Comm. 283; 3 id.
17. It is to some extent in the nature of a criminal process. Strange, 441. See 5 Heist. N. J. 63. 1 Cow. N. Y. 121, n.; 1 Term, 266; Cowp. 394; Willes, 292.
2. Of Property. A writ issued at the institution' or during the progress of an ac tion, commanding the sheriff or other proper officer to attach the property, rights, credits, or effects of the defendant $o satisfy the de mands of the plaintiff.
In General.
The original design of this writ was to secure the appearance of one who had disregarded the original summons, by taking possession of his property as a pledge. 3 Blaekst. Comm. 280.
By an extension of this principle, in the New Eng land states, property attached remains in the eus tody of the law after an appearance, until final judg ment in the suit. See 7 Mass. 127.
In soma states attachments are distinguished as foreign and domestio,—the former issued against a non-resident of the state, the latter against a resi dent. Where this distinction is preserved, the foreign attachment enures solely to the benefit of the party suing it cut; while the avails of the domestio attach ment may be shered by other creditors, who come into court and lament their claims for that pur pose.
3. In the New England states the attach ment of the defendant's property, rights, and credits is an incident of the summons in all actions as contractu. Elsewhere throughout
the country the writ issues only upon cause shown by affidavit. And in most of the states its issue must be preceded by the execution by or on behalf of theplaintiff of a caution ary bond to pay the defendant all damage he may sustain by reason of the attachment. The grounds upon which the writ may be ob tained in the different states. Wherever an affidavit is required as the basis of the at tachment, it must verify the plaintiff's cause of action, and also the existence of some one or more of the grounds of attachment pre scribed by the local statute as authorizing the issue of the writ.
4. The remedy by attachment ie allowed in general only to a creditor. In some states, under special statutory provisions, damages arising as delicto may be sued for by at tachment; but the almost universal rule is otherwise. The claim of an attaching credi tor, however, need not be so certain as to fall within the technical definition of a debt, or as to be susceptible of liquidation without the intervention of a jury. It is sufficient if the demand arise on contract, and that the con tract furnish a standard by whiCh the amount due could he so clearly ascertained as to en able the plaintiff to aver it in his affidavit, or the jury by their verdict to find it. 3 Caines, N.Y. 323; 2 Wash. C. C. 382; 8 Gill, Md. 192; 1 Leigh, Va. 285 ; 11 Ala. N. s. 941; 4 Mart. La. 517 ; 2 Ark. 415 ; 2 Ind. 374; 3 Mich. 277.
5. In some states an' ttachment may, under peculiar circumstances, issue upon a debt not yet due and payable ; but in such cases the debt must possess an actual character to be come due in fiduro, and not be merely possible and dependent on a contingency which may never happen. 15 Ala. 455; 13 La. 62.
6. Corporations, like natural persons, may be proceeded against by attachment. 9 N.H. 394; 15 Serg. & R. Penn. 173 ; 1 Rob. Va. 573; 5 Ga. 531; 14 La. 415; 4 Humphr. Tenn. 369; 9 Mo. 421.