Fink v. Katz

The basic question on this appeal is whether the trial court improperly quashed an attachment before judgment which had issued on the ground of the non-residence of defendant. Plaintiff below, Leon Fink, filed an action in which he claimed rent for the month of June, 1949 and also for damages to his property caused by defendant in breach of his lease agreement. Along with his suit, plaintiff filed an affidavit alleging that defendant was a non-resident of the District of Columbia. He also filed a bond with approved surety as required by law. Under Code 1940, 16-301, a writ of attachment was issued and defendant's bank account seized. Defendant moved to quash the attachment, supporting his motion by affidavit, and plaintiff filed a controverting affidavit. Based on such affidavits and on verbal testimony, the trial Judge entered an order quashing the attachment. Plaintiff appeals from that order.