Ex parte Wallis — 6 Cow. 581

Majority

p. 581

Ex parte Wallis.

ALBANY,

Feb. 1827.

Headnote

í>. B. Tallmadge, moved to make the submission to arbitrators between the relator and Holly a rule of court; and for an attachment for not performing the award, which was in favor of the relator. Performance had been demanded.

An attachment ing^mawardon court, cannot go till the rule be served and performance demanded.

G. F. Tollman, contra.

Take your motion to make the submission a rule of court. The application for an attachment is premature. That writ is founded on the idea that there has been a contempt of court in disobeying the rule. The party must, therefore, be served with the rule as in other cases, and obedience demanded ; and then if it be not obeyecj, an attachment goes on shewing these facts by affidavit.

Rule accordingly.