Edward Douglass White

“ In a proceeding by attachment of property, which is in the nature of an action in rem, it is elementary that the defendant is found, to the extent of the property levied upon, where the property is attached. It would be an extremely strained construction of the language of the act to hold that congress intended to prohibit a remedy universally pursued,-that of proceeding against the property of nonresidents in the place in the territory where the property of such nonresident is found. ”

“ The claim is that the statute conferring such power upon the probate judge was repugnant to the organic act, and void, for the following reason: The organic act authorized the establishment of a supreme court and district courts, to be vested with 'chancery as well as common-law jurisdiction and authority for redress of all wrongs committed against the constitution or laws of the United States or of the territory affecting persons or property.' The grant of common-law jurisdiction, it is argued, embraced authority to issue attachments. ”

“ Indeed, all the facts stated in the 'further' answer of the garnishee were, in legal effect, substantially irrelevant to the issue between the plaintiff and the garnishee, since they referred, not to the garnishee's liability to the defendant, but propounded a distinct and independent claim, which the garnishee asserted existed in his favor as against the defendant, as a basis on his part for claiming property which was already in the possessio of the court under the attachment, and held as the property of the defendant in attachment. ”

“ It is insisted that 'under the organic act of the territory the court could not acquire jurisdiction of the person of the defendant by constructive service by foreign attachment without its consent.'
The section of the organic act referred to requires that all civil actions shall be brought in the county where a defendant resides or can be found. ”

“ The garnishee, Pierce, answered that he had nothing subject to garnishment. After doing this, he further answered, setting out an alleged contract between himself and the defendant, by which he had agreed to sell and ship to the pastures of the defendant a certain number of cattle, which agreement had been carried into execution, the cattle seized under the attachment being a portion of those shipped in carrying out the contract. ”

“ Wheeler v. Farmer, 38 Cal. 203; Harrison v. King, 9 Ohio St. 388; Drake, Attachm. (7th Ed.) p. 92. The cases cited and relied upon by counsel as holding to the contrary do not sustain what is claimed for them. ”