Page:Federal Reporter, 1st Series, Volume 5.djvu/520

 '608 FBDBBAL REP08TEB. �upon by the appellate court. In Browning v. Pasqmi/, 35 Md. 294-, on a motion to quash an attachment issued by vir- tue of the same law under which the plaintiff proceeded in this case, it was shown that the affidavit described the cause of action as a promissory note, dated June 1, 1864. The declaration described it as dated June 1, 1867. The court say: "In the case of Pearce v. Boarman, decided at October term, 1870, and not reported, it was held by this court that the short note is a substitute for and performs the office of a declaration, and, like a declaration, it must sub- stantially set forth the cause of action against the defendant, and any defect in this respect that would be fatal on demur- rer will be fatal to the short note on motion. In Dean v. Oppenheimer, 25 Md. 868, it was also held that an attach- ment would be quashed for defect in the short note. * * * As the variance in this case appears on the face of the pro- ceedings, the attachment cannot be sustained." As the case then before the court was one in which ordinarily the decla- ration oould have been amended as of course, we think the decision was equivalent to deciding that the necessity for the amendment was ground for vacating the attachment. This, we think, the court has in terms declared in Hirsh Bros. v. Dobbie, decided at October term, 1880. In that case the court say: "The Eevised Code, art. 67, § 10, requires that with any attachment a writ of summons against the defend- ant shall issue, and a declaration or short note expressing the plaintiff's cause of action shall be filed, and a copy set up at the court-house door by the sheriff or other officer. The short note is a substitute for the declaration, and any defect in it which would be fatal on demurrer is good ground for quash- ing the attachment. In treating of the ' general requisites ' of the declaration, ail the works upon pleading state that the names of the parties to the suit must be stated. This rule has not been changed or relaxed by the Eevised Code. The short note must be complete in itself, and reference cannot be had to the account or affidavit in the attachment case for the purpose of curing defects in it. If a reference could be had to the account and affidavit for the purpose of supplying ����