Ex parte Wallis
6 Cow. 581
N.Y. Sup. Ct.
1827
Check Treatment
Curia.

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.