Miller v. Spreeher
James Miller and William Miller in error against George Spreeher
Miller v. Spreeher, 2 Yeates 162 (1796)
Headnotes
Writ óf error will not lie, on tlie dissolution of a foreign attachment by the court below; nor on many summary proceedings, as discharging a defendant on common bail, moderating bail, &c.
Summary
Writ of error to Cumberland county. The plaintiffs issued a foreign attachment against the defendant to October term 1792. Thomas Weistar issued a domestic attachment against him to April term 1793, and obtained a rule to show cause why the first attachment should not be set aside. On the 30th September 1793, the court on argument, dissolved the foreign attachment. Certain depositions accompanied the record, showing that the defendant lately before lived and kept store in the county of Cumberland, and occasionally had traded to Virginia; and that at the time of levying the foreign attachment, his store aforesaid was actually kept open.
The court expressed their doubts, whether the writ of error was maintainable in the present case.
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Opinion of the Court
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Writ of error quashed.
Smith, J. gave no opinion, having determined the case as president of the Court of Common Pleas of Cumberland county.
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