Cole v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William D. Cole, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the loth day of May, 1903, granting the defendant’s motion to vacate a 'warrant of attachment granted herein.
1Opinion of the Court
Laughlin, J.:
The defendant’s motion to vacate the warrant of attachment was brought on on an order to show cause. The affidavit on which the order to show cause was obtained failed to state the present com dition of the action, whether at issue, and if not yet tried the time appointed for holding the next term where the action is triable. Counsel for the plaintiff upon the return of the order and before the hearing made a preliminary objection that the moving papers did not comply with rule 37 of the General Rules of Practice in this regard. His preliminary objection was overruled and the…
2Cases cited1 opinion
- Hayden v. MullinsAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Geduld v. BaltimoreAppellate Terms of the Supreme Court of New York · 1911
- Austrian Bentwood Furniture Co. v. WrightAppellate Terms of the Supreme Court of New York · 1904
- Sanger v. ConnorAppellate Division of the Supreme Court of the State of New York · 1904