andrews versus sir robert clerk refer to mayor of London v Cox lr h l London  joint stock bank v mayor of London c p d upon a foreign attachment the  garnishee plead to the jurisdiction of the sheriff court but it be overrule  comb SC show S C Andrews levy a plaint in the sheriff court in London and upon  the usual suggestion that one t S the garnishee be debtor to the defendant a  foreign attachment be award to attach that debt in the hand of t S which be  accord do and then a diletur be enter which be in nature of a imparlance in  that court Carthew afterward t S the garnishee plead to the jurisdiction set  forth that the cause of debt due from he to the defendant sir Robert clerk and  the contract on which it be find do arise and be make at h in the county of  Middlesex extra jurisdiction curiae and this plea be overrule it be now  Carthew er p move in behalf of t S the garnishee for a prohibition to the  sheriff court aforesaid suggest the say matter videlicet that the cause of  action do arise extra jurisdiction c but the prohibition be deny because the  debt always follow the person of the debtor and this not material where it be  contract especial as to this purpose of foreign attachment for it be always  the custom in London to attach debt upon bill of exchange and goldsmith S note  c if the goldsmith who give the note or the person to who the bill be direct  life within the city without any respect bad to the place where the debt be  contract in this case it be hold clear that admit the plea thus plead by the  garnishee to the jurisdiction of the sheriff court be good in matter yet it  ought not to be allow in this case because it come too late videlicet after a  diletur enter for plead to the jurisdiction must always be plead primo die and  it be agree by all that a foreign attachment in London be to no other purpose  but to compel a appearance of the defendant in the action for if be appear  within a year and a day and put in bail to the action the garnishee be  discharge but without bail they will not accept a appearance