WHITESIDE verʃus OAKMAN.
T
HIS was a Foreign Attachment returnable to December Term 1787, in which Judgment had been entered agreeably to the act of Affembly.Ingerʃoll now moved for a rule to fhew caufe, why the attachment fhould not be quafhed ; obferving, that it the fame thing might be done in a circuitous manner, he fuppofed it could not, in this way, be deemed too late: For, upon entering fpecial bail, the Plaintiff might be called on to fhew caufe of action ; and attachments are often fet afide where no caufe is fhewn.
SHIPPEN,Preʃident. – It is very late to move for a rule of this nature. If there is a miftake in the proceedings, but not on the merits, to fhew the caufe of action may be required, after fpecial bail is entered. We fhould be afraid, however, of introducing fo dangerous a practice as would be countenanced by granting the prefent motion.
Ingerʃol faid, that,if the Court were of opinion, that he was too late, he fhould not certainly prefs the queftion ; but wave his motion ; which was accordingly done.