Jacobs v. . Hogan
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 23, 1878, affirming an order of Special Term, which denied a motion to set aside an attachment herein. The material facts are stated in the opinion. The affidavit on which the prior attachment was issued, being fatally defective, the junior attachment creditors had a right to move to set it aside.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made October 23, 1878, affirming an order of Special Term, which denied a motion to set aside an attachment herein. The material facts are stated in the opinion. The affidavit on which the prior attachment was issued, being fatally defective, the junior attachment creditors had a right to move to set it aside. (Thayer v. Willett, 9 Abb. 325; Hall v. Stryker, 27 N. Y. 596; Frost v. Mott, 34 id. 253; Rinchey v. Stryker, 28 id. 45; Dwight's Case, 15 Abb. 262; Barry v. Fisher, 8 Abb. [N. S.] 382;…
1Opinion of the CourtRapallo, J.
The appellants are judgment creditors of the defendants in the above-entitled action, and have issued an execution which has been levied upon their property. On the 14th of July, 1877, the appellants obtained an attachment against the same defendants, which was upon the same day levied upon the same property.
The plaintiff in this action recovered judgment therein and issued an execution which was levied upon the same property before the levy under the appellants’ execution, but the appellants are, by virtue of their attachment-, entitled to priority over the plaintiff, unless the plaintiff is…
2Cases cited1 opinion
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- Daniels v. SolomonCourt of Appeals for the D.C. Circuit · 1897
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