KFLCC Kingdom Law 2nd Ed.

ATTACHMENT

101

ATHA

into the custody of the law; used either for the purpose of bringing a person before the court of acquiring jurisdiction over the property seized, to compel an appearance, to furnish security for debt or costs, or to ar rest a fund in the hands of a third person who may become liable to pay it over. Also the writ or other process for the ac complishment of the purposes above enu merated, this being the more common use of the word. Of persons. A writ issued by a court of record, commanding the sheriff to bring be fore it a person who has been guilty of con tempt of court either in neglect or abuse of its process or of subordinate powers. 3 Bl. Comm. 280; 4 Bl. Comm. 283; Burbach v. Light Co., 119 Wis. 384, 96 N. W. 829. Of property. A species of mesne process, by which a writ is issued at the institution or during the progress of an action, com manding the sheriff to seize the property, rights, credits, or effects of the defendant to be held as security for the satisfaction of such judgment as the plaintiff may recover. It is principally used against absconding, concealed, or fraudulent debtors. U. S. Cap sule Co. v. Isaacs, 23 Ind. App. 533, 55 N. E. 832; Campbell v. Keys, 130 Mich. 127, 89 N. W. 720; Rempe v. Ravens, 68 Ohio St 113, 67 N. E. 282. To give jurisdiction. Where the defend ant is a non-resident, or beyond the terri torial jurisdiction of the court his goods or land within the territory may be seized upon process of attachment; whereby he will be compelled to enter an appearance, or the court acquires jurisdiction so far as to dis pose of the property attached. This is some times called "foreign attachment." Domestic and foreign. In some juris dictions it is common to give the name "do mestic attachment" to one issuing against a resident debtor, (upon the special ground of fraud, intention to abscond, etc.,) and to des ignate an attachment against a non-resident or his property, as "foreign." Longwell v. Hartwell, 164 Pa. 533, 30 Atl. 495; Biddle v. Girard Nat Bank, 109 Pa. 356. But the term "foreign attachment" more properly belongs to the process otherwise familiar ly known as "garnishment" It was a pe culiar and ancient remedy open to cred itors within the jurisdiction of the city of London, by which they were enabled to sat isfy their own debts by attaching or seiz ing the money or goods of the debtor in the hands of a third person within the juris diction of the city. Welsh v. Blackwell, 14 N. J. Law, 346. This power and process sur vive in modern law, in all common-law juris dictions, and are variously denominated "garnishment," "trustee process," or "factor izing." —Attachment execution. A name given in some states to a process of garnishment for

eration in the ascending scale will be Tritavi pater, and the next above it Proavi-atavus. ATHA. In Saxon law. An oath; the pow er or privilege of exacting and administer ing an oath. Spelman. ATHEIST. One who does not believe in the existence of a God. Gibson v. Insurance Co., 37 N. Y. 584; Thurston v. Whitney, 2 Cush. (Mass.) 110; Com. v. Hills, 10 Cush. (Mass.) 53a ATIA. Hatred or ill-will. See DE ODIO EI ATIA. ATLLIUM. The tackle or rigging of a ship; the harness or tackle of a plow. Spel man. ATMATERTERA. A great-grandfather's grandmother's sister, {ataviw sororj) called by Bracton "atmatertera magna." Bract, fol. 6S&. ATPATRUTJS. The brother of a great grandfather's grandfather. ATRAVESADOS. In maritime law. A Spanish term signifying athwart, at right angles, or abeam; sometimes used as de scriptive of the position of a vessel which is "lying to." The Hugo (D. C.) 57 Fed. 403, 410. ATTACH. To take or apprehend by com mandment of a writ or precept. Buckeye Pipe-Line Co. v. Fee, 62 Ohio St 543, 57 N. E. 446, 78 Am. St Rep. 743. It differs from arrest, because it takes not only the body, but sometimes the goods, where as an arrest is only against the person; be sides, he who attaches keeps the party attach ed in. order to produce him in court on the day named, but he who arrests lodges the person arrested in the custody of a higher power, to be forthwith disposed of. Fleta, lib. 5, c. 24. See ATTACHMENT. Attaching creditor. See CEEDITOB. ATTACHE. A person attached to the suite of an ambassador or to a foreign lega tion. ATTACHIAMENTA. L. Lat Attach ment —Attachiaxnenta bonorom. A distress for merly taken upon goods and chattels, by the legal attaohiators or bailiffs, as security to an swer an action for personal estate or debt—At tachiamenta de spinis et boscis. A privi lege granted to the officers of a forest to take to their own use thorns, brush, and windfalls, within their precincts. Kenn. Par. Antiq. 209. —Attachiaxnenta de placitns coronas. At tachment of pleas of the crown. Jewison v. Dy son, 9 Mees. & W. 544. ATTACHMENT. The act or process of taking, apprehending, or seizing persons or property, hy virtue of a writ, summons, or other judicial order, and bringing the same