Robinson v. Drury 1 Mart. (o.s.) 206

ROBINSON vs. DRURY.

Spring 1811.

First District.

Defendant by answering waves irregularity attachment.

Attachment levied on a quantity of oil of palma christi. The defendant put in an answer.

When the jurors were called to the book, a claim to the oil was put in by a third person.

Depeyster for the defendant,

prayed that the jury might not be sworn, because it was going to be proven that the property attached did not belong to the defendant ; so that, as he was not properly in, the court could not have jurisdiction of the case.