
    McLellan vs. McDonald.
    A whit of attachment contains a summons; if personally served where Bumraone could be served, will give the Court jurisdiction over the person, though the writ void as an attachment.
    
      Circuit Court for Alpena County,
    
    Oct., 1869.
    Motion to quash a writ of attachment because the affidavit annexed does not state that the amount therein claimed to be due, is due “ over and above all legal set-off.
    The writ was personally served in Alpena County, and the property bonded.
    
      S M. Green, for Plaintiff.
    
      Tuttle & Grier, for Defendant.
   Sutherland, J.

The writ containing a summons, and having been personally served, where a summons from this Court could be served, the Court has acquired jurisdiction of the person; and, the defendant having obtained the property by giving a bond, the motion should be denied. It is- not necessary to decide whether the bond is valid. See § 4759 C. L.  