747

Case No. 948.

BANK OF WASHINGTON v. BRENT.

[2 Cranch, C. C. 538.]1

Circuit Court, District of Columbia.

Dec. Term, 1824.

CONTINUANCE—FAILURE OF PARTY TO APPEAR.

In case of an attachment by way of execution, if there be no appearance of the principal debtor, or garnishee, or other proceeding at the return term of the writ the attachment is discontinued.

[At law. Action by the Bank of Washington against W. Brent, Jr.]

Attachment, by way of execution upon a judgment of the court, laid in the hands of F. May and B. Thruston, and returnable to October term, 1822.

Mr. Wallach, for plaintiffs.

Mr. Hall, as amicus curiae, suggested that the suit was discontinued, as no appearance had been entered for the principal debtor or garnishees, nor any further proceedings had at the first term.

THE COURT (THRUSTON, Circuit Judge, not sitting) decided that the cause was discontinued.

1 [Reported by Hon. William Cranch, Chief Judge.]

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