case LEUKNOR against Huntley ante a debt can be attach by the custom of London  before ib be due nor can the plaintiff swear his debt by attorney ante Bl Rep  error of a iudament in the common plea the case be Lewknor bring debt against  Huntl that who plead that one John Jaques affirm a plaint of debt in London  against the say Lewknor and by the custom there attach the debt now demand in  the hand of the say Huntley and plead the recovery and judgement there the  plaintiff reply that before the croak Elizabeth attachment Jaques bring debt  in the queen bench against the say Lewknor for the same debt whereupon he make  a attachment while that suit be depend et hoc c upon this plea Huntley there  demurrer in law and it be adjudge there for Huntley whereupon Lewknor bring  error the first error assign be because the custom be allege that the  plaintiff swear his debt by attorney and Popham hold that it be against law  that one shall swear his debt by attorney second because the debt be attach in  Huntley hand before the day of payment upon the condition and so before it be  due Popham say that it can not he a good custom but it be move that herein the  custom may he reasonable because it be not to he pay before the day of payment  but in regard that the lesser sum in the condition be a present duty it may he  attach present and by the judgement in the attachment the debtor be discharge  against his creditor and hecome Chargeable to the plaintiff in London so that  after the day of payment he shall have his execution against the debtor and  not before vide Edward pl but Popham say that the judgement herein be  unreasonable for the creditor have not above one year disrationare debt is  owed and if the debt may he attach a full year or more before the day of  payment he may never hear of it before the year he pass and so he defraud of  his debt but Daniel sergeant say that the time disrationare debt is owed be a  year after the execution sue and not forthwith after the judgement and  execution can he have until after the day of payment Popbam demand whether  this question be move in the common plea Daniel answer that it be not but that  the sole question there be in regard Jaques have begin a suit in the queen  bench against Lewknor for his debt whether while this suit be depend he may  make a attachment in London by the custom there of another debt due to Lewknor  and it be adjudge that notwithstanding this the debt in the hand of Huntley  may he attach for there be not any suit commence for it in any court Popham  and Clench and Fenner absent gawdy agree that this attachment be good  notwithstanding but they all hold that the attachment of this debt before the  day of payment can he although it be move that the custom in this point be  good and reasonable and so it have be always allow and this be to he intend  betwixt citizen and a the reversal of this judgement be not mention in the  report of this case   b but it be there say by the editor to have be often  deny to he law cro James cro car Mod vent side Jones see pound car c croak  Elizabeth er p merchant and if it he not there Allowable there shall never he  a attachment for if it can be before the day of payment the defendant before  that time may he out of the city or elsewhere against who there can be any  attachment a afterward at another time another error be move that the custom  be allege that the plaintiff shall swear his debt and John Jaques be plaintiff  and the record be that Thomas Jaques swear the debt who be a stranger and not  the plaintiff and that be hold to he incurable and can not he amend wherefore  the judgement be reverse