Eriksson v. Refiners Export Co.

The failure to comply with section 235 of the Civil Practice Act invalidated the attachment and since the jurisdiction acquired by the attachment was conditional “ and liable to be divested in a case where the jurisdiction of the court is made dependent by a special provision of law upon some act to be done after the granting of the provisional remedy ” it was proper to vacate the attachment ab initio (Civ. Pr. Act, § 825; Matthews v. Matthews, 210 App. Div. 652; affd., 240 N. Y. 28.) Otherwise an invalid attachment could be made the means of withholding property from the possession of the…