Opinion
JUNE TERM, 1788.
THIS was a Foreign Attachment returnable to December Term 1787, in which Judgment had been entered agreeably to the act of Assembly.
Ingersoll now moved for a rule to shew cause, why the attachment should not be quashed; observing, that is the same thing might be done in a circuitous manner, he supposed it could not, in this way, be deemed too late: For, upon entering special bail, the Plaintiff might be called on to shew cause of action; and attachments are often set aside where no cause is shewn.
It is very late to move for a rule of this nature. If there is a mistake in the proceedings, but not on the merits, to shew the cause of action may be required, after special bail is entered. We should be afraid, however, of introducing so dangerous a practice as would be countenanced by granting the present motion. Ingersoll said, that, if the Court were of opinion, that he was too late, he should not certainly press the question; but wave his motion; which was accordingly done.