A Treatise Upon the Customary Law of Foreign Attachment; And the Practice of the Mayor's Court of the City of London Therein. with Forms of Procedure (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. Of The Plaintiff's Debt And Affidavit. No attachment is allowed to issue unless the plaintiff's claim is for a certain and due debt or demand a, such a demand as may Be recovered upon an action of debt in the courts at "Westminster, or on the customary count of concessit solvere "in the Mayor's Court, though an attachment is not permitted to be made upon every demand which may be recoverable upon this count. The plaintiff's debt never comes in issue during any proceeding under the attachment; he is not bound to prove the existence of the debt alleged to be due to him from the defendant, Ixqt to allege that it arose within the jurisdiction of the Mayor's Courtb, and the court will not inquire into it under any circumstances upon the trial of the issue in the attachment0; thus where a plaintiff, having omitted to insert his partner as co-plaintiff in the action and attachment, and the plaintiff, being called as a witness on the trial of the attachment, admitted that no debt existed from the defendant to himself alone, but only to himself and partner, the court refused to notice the circumstance, but left the defendant to his appearance in the action to take advantage of it. Neither would the court notice the evidence of the plaintiff admitting a 1 Nel. Ab. 282,283; Dalton v. Selby's case, 3 Leonard, 236; North v. WinsTtell, Lutt. 984; Roll. Ab. tit. Cust. Lond. G.; Viner, Ab. ib. b Westoby v. Day, 22 L. J. Rep. (NS.J 426. c It is sufficient that the plaint was affirmed for a debt, without an averment that the debt arose within the jurisdiction of the court, 1 Vent. 236; Com. Dig. Att. I.: without showing the cause of the debt, Com. Dig. Att. I. he was a minor, or the admission of the plaintiff that the amount sworn to was larger t...