Krellberg v. Gregory

Order denying motion to vacate warrant of attachment unanimously reversed, on the law, with $20 costs and disbursements to defendants-appellants, and, in the exercise of discretion, the motion remanded to Special Term with leave to plaintiffs-respondents to submit, within 15 days of service of the order herein, additional affidavits in support of the warrant. While the court should not attempt to decide the merits of a controversy on a motion to vacate an attachment, the attachment papers must contain evidence from which the court can determine that the ultimate facts alleged in the complaint…