Attach - Law Dictionary Search Results
Home Dictionary Name: attachForeign Attachment
Foreign Attachment, a custom which prevails in the city of London, whereby a debt owing to a defendant, sued in the Court of the Mayor or Sheriff, may be attached in the hands of the debtor. The custom was certified by the Recorder of London, in the reign o Edward IV., to be, that if a plaint be affirmed in London before, etc., against any person, and it be returned nihil, if the plaintiff will surmise that another person within the city is a debtor to the defendant in any sum, he shall have garnishment against him to warn him to come in and answer whether he be indebted in the manner alleged; and if he comes and does not deny the debt, it shall be attached in his habds, and after four defaults, recorded on the part of the defendant, such person shall find new surety to the plaintiff for the said debt, and judgment shall be that the plaintiff shall have judgment against him and that he shall be quit against the other after execution sued out by the plaintiff. Consult Brandon on Foreign...
Attach
Attach [fr. attaccare, It., to fasten], to take or apprehend by commandant or a writ or precept. It differs from arrest, because it takes not only the body, but sometimes the goods, whereas an arrest is only against the person; besides, he who attaches keeps the party attached 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. xxiv. See ATTACHMENT....
Attachment
Attachment, in relation to building, includes lamps, brackets, pipes, electric lines and apparatus required for street lighting purposes, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 400, Note 3, p. 291.Attachment means prohibition of transfer, conversion, disposition or movement of property by an order issued under Chapter III. [Prevention of Money-Laundering Act, (15 of 2003), s. 2(d)]A process from a Court of Record, awarded by the judges at their discretion on a bare suggestion, or on their own knowledge, against a person guilty of a contempt, who is punishable in a summary manner. Contempts may be thus classed. (1) Disobedience to the King's writs; (2) Contempt in the face of a Court; (3) Contemptuous words or writings concerning a Court; (4) Refusing to comply with the rules and awards of a Court; (5) Abuse of the process of a Court, and (6) Forgery of writs, or any other deceit tending to impose on a Court, Leach's Hawk. P. Cr., c. 22, s. 33. The issue of writs of attachm...
Attachment, Foreign
Attachment, Foreign, a process under which the goods of foreigners found in some liberty are taken to satisfy creditors, Com. Dig., tit. 'Attachment, Foreign.' Also a judicial proceeding, by means of which a creditor may obtain the security of the moneys, goods, or other personal property of his debtor, in the hands of a third person, for the purpose, in the first instance, of enforcing the appearance of the debtor to answer an action; and afterwards, upon his continued default, of obtaining the goods or property in satisfaction of the demand. It is also called garnishment. As to the custom prevailing in the City of London, see FOREIGN ATTACHMENT and consult Brandon on For. Attach...
attach
attach [Anglo-French attacher to lodge (an action in court), seize (a person or property) by legal authority, from Old French atachier to fasten, fix, alteration of estachier, from estache stake] vt 1 : to obtain a court order against (property of another person) that directs an officer of the court (as a sheriff) to seize or take control of the property compare garnish, levy NOTE: A plaintiff may attach a defendant's property as a way of obtaining jurisdiction for the purpose of bringing a lawsuit or to prevent the defendant from getting rid of property that may be needed to pay a judgment to the plaintiff. 2 : to join or make a part of [affidavits ed to the suit "Rosalind Resnick"] 3 : to create a security interest in (property) and so acquire the right to foreclose on or otherwise deal with property for payment of a debt and to exercise one's rights in the property against third parties see also security interest at interest compare perfect vi : to become effective: as a : ...
Attaching decree-holder
Attaching decree-holder, An attaching decree-holder is a representative of the judgment-debtor and any previous decision binding on the judgment-debtor is also binding on the attaching decree-holder, Ram Sewak v. Bahal, AIR 1935 All 888; Radharani v. Binodamoyee, AIR 1942 Cal 92....
Re-attachment
Re-attachment, a second attachment of him who was formerly attached and dismissed the court without day, by the not coming of the justices, or some such casualty, Jac. Law Dict....
Attache
Attache, a person associated with a foreign legation. The privilege of an attache extends to prevent a distress being levied on his furniture for non-payment of rates, Macartney v. Garbutt, (1890) 24 QBD 368....
Attachment of debts
Attachment of debts. By (English) R.S.C. 1883, Order XLV., as amended by (English) R.S. C. July, 1902, r. 12, and R. S.C. July, 1905, r. 8, a judgment creditor may apply ex parte to the Court or a judge (r. 1), either before or after any oral examination of the debtor, for an order nisi [see Norton v. Yates, 1906 (1) KB 112] attaching debts owing or accruing to the debtor in the hands of the parties owing the same who are called garnishees; and by the same or any subsequent order the garnishee maybe required to appear before the Court, or a judge, or an officer of the Court, to show cause why he should not pay to the judgment creditor the debt due from him (the garnishee) to the judgment debtor or so much thereof as may be sufficient to satisfy the judgment debt. See (English) County Court Rules, 1936, Ord. XXVII....
Attachment of the forest
Attachment of the forest, one of the three Courts formerly held in forests. The highest Court was called Justice in Eyre's seat; the middle, the Swainmote; and the lowest, the Attachment, Manwood, 90, 99....
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