Associates Financial Services Co. v. Gear

Incidental to an action brought on January 5, 1973, to recover the unpaid balance of a promissory note, an attachment was made on the real property of the defendant Gail Gear. On October 12, 1973, the plaintiff moved under the provisions of Public Act No. 73-431 to validate the attachment. After a hearing on December 11, 1973, the court, finding that the plaintiff had not shown probable cause to sustain the validity of its claim, refused to validate the attachment.

The plaintiff has appealed from the decision, and the defendant Gail Gear has filed a motion to dismiss the appeal, arguing that…