Massachusetts Supreme Judicial Court March 15, 1841 (Guild v. Guild)

Dewey, J.

The Mechanics’ Bank, as subsequent attaching creditor of the same estate attached by the plaintiff, under the provisions of the Rev. Sts. c. 90, §§ 83—85, filed a.petition seeking to vacate the prior attachment of the plaintiff, upon the ground that the sum demanded in his writ was not justly due and payable when the action was instituted.