Wallace Sons v. . Castle
New York Court of Appeals
These were appeals, the one from an order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term vacating an attachment, the other from an order of said General Term, denying a motion to dismiss the appeal from the Special Term order. The attachment was issued against defendants as non-residents.
Read the full summary
These were appeals, the one from an order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term vacating an attachment, the other from an order of said General Term, denying a motion to dismiss the appeal from the Special Term order. The attachment was issued against defendants as non-residents. The affidavit upon which it was founded stated, in substance, that plaintiff is a corporation duly organized under the laws of the State of Connecticut, and doing business in the State of Hew York. That defendants sold goods for it on…
1Opinion of the CourtMiller, J.
It has been held in this court that no appeal lies from an order vacating an attachment, where it is at all discretionary, even although it involves a substantial right. (Anonymous, 59 N. Y., 315.) We cannot, therefore, weigh conflicting evidence or decide upon controverted facts which may arise upon affidavits presented on a motion to vacate an attachment, and when the General Term has decided such questions no review can be had as to the conclusion at which they arrive. Upon this appeal therefore we can only consider such questions as relate to the jurisdiction acquired by the court upon…
2Cases cited3 opinions
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
- Kerr v. . MountNew York Court of Appeals · 1863
- Anderson v. MoeU.S. Circuit Court for the District of Eastern Michigan · 1869
3Cited by8 opinions
- Capital Ventures International v. Republic of Argentina, No. 05-2591-CvCourt of Appeals for the Second Circuit · 2006
- Allen v. . MeyerNew York Court of Appeals · 1878
- Hall v. ParryCourt of Appeals of Texas · 1909
- Robinson v. MorrisonDistrict of Columbia Court of Appeals · 1894
- Corn Exchange Bank v. MarckwaldNew York Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.