Legal Opinion

Hanover National Bank v. Stebbins

New York Supreme Court

Decided May 12, 1893PublishedCited by 10 opinions

Appeal from special term, New York county. Action by the Hanover National Bank of the City of New York against William B. Stebbins. From an order vacating an attachment theretofore granted, plaintiff appeals.

1Per curiam

The original affidavit upon which the warrant of attachment was granted justified the issuance of such warrant upon the ground of defendant’s nonresidence. It is insisted, however, that the affidavits used on the motion to vacate such attachment, by their weight, more than counter-balanced such original affidavits, and, if they did not conclusively show that defendant was a resident of the state, they left the question in such doubt that the burden placed upon the plaintiff, of showing nonresidence of the defendant, was not sustained, and therefore that the attachment should be vacated. This…

2Cases cited2 opinions

  1. Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
  2. Wood v. HamiltonNew York Court of Common Pleas · 1886

3Cited by10 opinions

  1. In re the Probate of the Last Will & Testament of GahnNew York Surrogate's Court · 1920
  2. Irwin v. RaymondNew York Supreme Court · 1908
  3. Rosenzweig v. WoodNew York Supreme Court · 1900
  4. Zenatello v. PonsAppellate Division of the Supreme Court of the State of New York · 1932
  5. Fidelity & Deposit Co. v. SheahanSupreme Court of Oklahoma · 1913

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