VIENNE v. M'CARTY


1 U.S. 154 (1785)

1 Dall. 154

VIENNE versus M'CARTY, Surviving Partner.

Supreme Court of United States.


SHIPPEN President:

The first point to be considered in this case, is, whether the Court think themselves authorized to enquire into the cause of action in the case of attachments, as they do in cases of Capias, where the defendant's person is taken into custody? The reason of enquiring into the cause of action on writs issued against the person, is to prevent a vexatious plaintiff from imprisoning the body of the defendant without cause: In the case of attachments...

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