We think this case comes clearly within St. 1839, c. 158, which provides for the attachment of property belonging to foreign corporations. The provision is, that “ any corporation incorporated by any other State, and having property in this State, shall be liable to be -sued, and the property of the same shall be subject to attachment, in like manner as individuals, residents of other States, and having property in this State, are now liable to be sued, and their property subject to be attached.”
We do not consider the form of attachment material, whether it be by a common writ of attachment, or by process of foreign attachment. The legislature manifestly intended that the property of foreign corporations should be subject to the same writs or processes of attachment, as the property of an individual, living out of the State, was, by § 44 of c. 90 of the Rev. Sts. That section authorizes a creditor to maintain an action against such persons, when “an effectual attachment of his goods, estate or effects, is made on the original writ.” And it cannot' be doubted, we think, that this section extends to attachments made under the process of foreign attachment. It extends to effects or credits, as well as to tangible property. So by St. 1839, c. 158, we think the word “ property ” was intended to include effects and credits, as well as goods and estate. Foreign corporations are liable to be sued “ in like manner as individuals, residents of other States, and having property in this State.”
Exceptions overruled
See Story’s Conflict of Laws, (2d. ed.) § 592. a. & note. Sergeant on Attachment, c. X.
