326 



ATTACHMENT ATTAINDEH 



in case of disobedience) out of a court of chancery. 

 His not obeying is considered to be a contempt of 

 the court, which thereuixm orders him to be arrested, 

 (mil brought into court. But attachment for this 

 r.iiiM' is not made in a court of law ; fur if the de- 

 fendant, being summoned, does not appear, on being 

 called in court, his default is noted, and the court 

 proceeds to give judgment against him, upon such 

 testimony as the plaintiff may produce. One reason 

 of this distinction between a court of equity and a 

 court of law is, Uiat the presence and agency of the 

 defendant are requisite, in many equity cases, in or- 

 der to carry into effect the judgment of the court ; 

 as when the court decrees the specific execution of 

 an agreement, or the rendering of an account, or 

 the disclosure of facts by the defendant upon his 

 oath. Attachments are issued by courts for various 

 other contempts, as against an officer of a court, for 

 abusing the process of the court, e. g., if he refuse to ex- 

 ecute it without a bribe from a party ; against a witness 

 who refuses to appear when summoned for the purpose 

 of giving testimony, or who refuses to testify, after he 

 has appeared, before a court of law or a grand jury ; 

 against any person, whether an officer of the court, a 

 party, witness, or mere bystander, for disorderly con- 

 duct in the presence of the court, whereby its proceed- 

 ings are disturbed and the administration of justice in- 

 terrupted ; for attempting to corrupt a juryman, or for- 

 cibly detain a witness who is summoned to testify in a 

 case ; for publishing an account of the proceedings of 

 the court while a cause is pending, in such a manner 

 that the minds of the judges or jurors may be preju- 

 diced by such publication ; for obstructing the serving 

 any writ or process of the court ; for taking out an exe- 

 cution where there is no judgment ; and7 in general, 

 an attachment lies against any person who directly 

 obstructs or interferes with the regular administra- 

 tion of justice. It lies against the judges of an in- 

 ferior court who proceed in a case contrary to the or- 

 der of a superior court. 



ATTACHMENT, FOREIGN, is the attachment, by a cre- 

 ditor, of a debt due to his debtor from a third person ; 

 called foreign attachment, from its being one mode 

 of securing debts due from foreigners. In Scotland, 

 it is called assisting the debt. In London, the pro- 

 cess is called a garnishment, or warning, the person 

 summoned being the garnishee. The same process 

 is in some of the United States, called the trustee 

 process, and the person summoned is called the trus- 

 tee, on the supposition of his having in his hands 

 and possession, or being intrusted with, the money 

 or goods of the principal debtor. The general rule, 

 as to arresting debts due from third persons, by for- 

 eign attachment, is, that only absolute debts can be 

 so attached, not the claims which the principal debtor 

 may have against the garnishee, or supposed trustee, 

 for damages on account of trespasses and wrongs 

 done to him by the garnishee or supposed trustee. 

 As the process is instituted to recover a supposed 

 debt due to the plaintiff from the principal defendant, 

 by obtaining satisfaction of a debtor of that defendant, 

 he must liave notice, and be made a party to the 

 suit, and have an opportunity to dispute the demand 

 of the plaintiff ; and the law, in some instances at 

 least, allows the garnishee or trustee, if he be really 

 a debtor to the principal defendant, to take upon 

 himself the defence against the plaintiffs demand. 



ATTACK. Every combat consists of attack and de- 

 fence : the first, with few exceptions, will always be 

 more advantageous : hence an experienced general 

 chooses it, if possible, even in a defensive war. No- 

 thing is more ruinous than to lose its advantage ; and 

 it is one of the most important objects to deprive an 

 ndversary of it, and to confine him to the defensive. 

 The atUick is directed according to the condition and 



position of the enrmy, according to the purpose of 

 the war, according to place, time, and circumstances. 

 Many modes and combinations are allowable. The 

 simplest and most unexpected form will be the best. 

 On the dexterity and courage of the troops, the correct 

 and quick execution of the attack will depen-1. 

 Those attacks are the best, where nil the forces can 

 be directed in concert towards that point of the ene- 

 my on which his position depends. If he be beaten 

 at this point, the resistance at others will be without 

 concert or energy. Sometimes it may be of advan- 

 tage to attack the weakest side of the enemy, if in 

 this way a fatal blow am he given to him ; otherwise ; 

 an attack at this point is not advisable, IM ranse it 

 leads to no decisive results, leaves the stronger points 

 to be overcome afterwards, and divides the force of 

 the assailant. In most cases, the enemy may be de- 

 feated, if his forces can be divided, and the several 

 parts attacked in detail. The worst form of attack 

 is that which extends the assailing troops in long, 

 weak lines, or scatters them in diverging directions. 

 It is always unfortunate to adopt half measures, and 

 not aim to attain the object at any price. Instead of 

 saving power, these consume it in fruitless efforts, 

 and sacrifices are made in vain. Feeble assaults and 

 protracted sieges are of this ruinous character. The 

 forms of attack in a battle, which have been used 

 from the earliest times, are divided by the tacticians 

 into, 1. the parallel. This is the most natural form, 

 and even the troops attacked strive as much as pos- 

 sible to preserve it ; for as long as they can do so, 

 they retain their connexion, and the power of apply- 

 ing their force as occasion may require ; but, for this 

 very reason, it is not the best form of attack, because 

 it leaves the defensive party too long in possession 

 of his advantages. 2. The form in which both 

 the wings attack, and the centre is kept back. 

 Where the front of the enemy is weak, (die only 

 case in which it is practicable), it appears indet <], 

 overpowering. 3. The form in which the centre 

 is pushed forward, and the wings kept back, will 

 hardly ever be chosen, on account of several evident 

 disadvantages. 4. The famous oblique mode, where 

 one wing advances to engage, whilst the other is 

 kept back, and occupies the attention of the enemy 

 by pretending an attack. Epaminondas, if not the 

 inventor of this form, knew, at least, how to employ 

 it to the greatest advantage. Whilst the wing which 

 remained behind engaged the attention of the enemy, 

 he increased, continually, the strength of the one 

 advancing, which he led against the flank of the 

 enemy, with a view of overpowering it by numerical 

 superiority. The success of this mode is aln.ost cer- 

 tain, provided the enemy takes no measures against 

 it. In our times, this form of attack is executed in 

 another way : whilst engaging the enemy, his flank 

 is surrounded by detached corps, which fall, at the 

 same time, on his rear. If he suffers this quietly, he 

 is vanquished. The enemy's attention is kept occu- 

 pied, during such operations, mostly by feigned at- 

 tacks or movements, which are called, in general, 

 demonstrations, and are intended to keep him in error 

 concerning the real object. (On the attack of for- 

 tresses, see the article Siege.) Field fortifications are 

 attacked with columns, if possible, from several sides 

 at the same time, and with impetuosity. Commonly, 

 the artillery breaks a way beforehand, destroys the 

 works, and disturbs the garrison. 



ATTAINDER is, by the common law, the corruption 

 of blood, or stain consequent upon a person's bring 

 adjudged guilty of a capital offence, in which case 

 the law set a note of infamy upon him, and put him 

 out of its protection, taking no further concern about 

 him, except that he should be executed. But this 

 attainder does not take place until jndgtmnt is pro- 





