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The Probert Encyclopaedia of General Information

ATTACHMENT

In English law, attachment is a taking of the person, goods, or estate by virtue of a writ or precept. It is distinguished from an arrest by proceeding out of a higher court by precept or writ, whereas the latter proceeds out of an inferior court by precept only. An arrest lies only against the body of a man, whereas an attachment lies often against the goods only, and sometimes against the body and goods. It differs from a distress in that an attachment does not extend to lands, while a distress cannot touch the body. Foreign attachment answers to what in Scotland is termed arrestment, by means of which a creditor may obtain the security of the goods or other personal property of his debtor in the hands of a third person for the purpose of enforcing the appearance of the debtor to answer to an action, and afterwards, upon his continued default of obtaining the property absolutely in satisfaction of the demand.
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