Hirsh v. H. K. & F. B. Thurber & Co.

Grason, J., delivered the opinion of the Court. The attachment in this case was issued by the present-appellants against Samuel B. Dobbie, and was levied upon his goods. A subsequent attachment was issued by Thurber & Company against the same defendant, and ²¹¹ was levied upon the same goods which had been attached by Hirsh Brothers. On the return of the attachments, Dobbie as well as Thurber & Company, filed motions to quash the attachment issued by Hirsh Brothers, and the motions were sustained, and the attachment quashed, and Hirsh Brothers appealed, and the only question presented is whether there was error in the ruling of the Court below in quashing the attachment.

The short note, sent with the writ of attachment, and set up at the court house door, does not set out the names of the persons who compose the firm of Hirsh Brothers, but is merely entitled “ Hirsh Brothers vs. Samuel B. Dobbie,” and then alleges that the defendant was indebted to the plaintiffs, for money payable by the defendant to the plaintiffs for goods bargained and sold, &c. The Revised Code, Art. 61, sec. 10, requires that with every attachment a writ of summons against the defendant shall issue, and a declaration or short note expressing the plaintiff’s cause of action shall be filed, and a copy set up at the court house door, by the sheriff or other officer. The short note is a