
    J. VAN EMBURG v. DORCAS PULLENGER.
    On attachment. Matter of Practice.
    
      Mr. Gifford,
    
    moves for leave to record the first default of the defendant, and for the appointment of auditors.
    
      A. Whitehead,
    
    objects. The defendant is a female, and moves for rule that she have leave to appear without filing bail; the statute, Rev. Laws, 652 s. 6, prohibiting the confinement of any female for debt. An attachment will not lie against a female.
    
      Gifford, contra.
    The question whether this attachment will lie, cannot be tried before the defendant’s appearance, which cannot be under the statute, until after filing bail.
   By the Court.

Take a rule to shew cause why the'defendant shall not appear, on filing common bail, or why the attachment shall not be quashed.

Cited in Walker v. Anderson, 3 Harr. 219-220.  