United States v. Montgomery, 2 U.S. (2 Dall.) 335 (C.C.D. Pa. 1795)

Case No. 15,799.

1795.

Attachment—By Whom to he Served.

An attachment being awarded against the witnesses, who did not attend at the return of the subpoena that had issued in this cause on the part of the defendant, the marshall (Nichols) suggested that they resided in a distant county, and asked the opinion of the court, whether it was his duty to serve the process.

BY THE COURT. An attachment is the process of the court, regularly issuing for the administration of justice; and, therefore, must be served by the marshall.