Steuben County Bank v. . Alberger
New York Court of Appeals
Appeal by Louisa F. Alberger from an order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, which denied a motion on the part of said appellant, as judgment and execution creditor of defendant, Samuel F. Alberger, to vacate an attachment issued herein against the property of defendants, John L. and Samuel F. Alberger, and levied upon certain/personal property of the latter in the county of Niagara.
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Appeal by Louisa F. Alberger from an order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, which denied a motion on the part of said appellant, as judgment and execution creditor of defendant, Samuel F. Alberger, to vacate an attachment issued herein against the property of defendants, John L. and Samuel F. Alberger, and levied upon certain/personal property of the latter in the county of Niagara. The affidavits, upon which the attachment was granted, contained the following allegations, which were all of the allegations as…
1Opinion of the CourtDanfouth, J.
The plaintiff cannot successfully question the right of Mrs. Alberger to test the validity of the attachment. From her affidavit served with notice of motion in December, 1877, it appeared that she ivas a judgment and execution creditor of Samuel F. Alberger by virtue of a judgment in her favor docketed in Erie county December 3, 1877, in Niagara county December fourth, and an execution that day issued for its enforcement to the sheriff of that county. She sought to vacate the attachment because as stated in the notice of motion, it was issued without proof of any fact or circumstance tending…
2Cases cited4 opinions
- Allen v. . MeyerNew York Court of Appeals · 1878
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- Mitchell v. . Van BurenNew York Court of Appeals · 1863
- Yates v. . NorthNew York Court of Appeals · 1871
3Cited by47 opinions
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Zenith Bathing Pavilion, Inc. v. Fair Oaks Steamship Corp.New York Court of Appeals · 1925
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Haebler v. . BernharthNew York Court of Appeals · 1889
- Ruppert v. . HaugNew York Court of Appeals · 1881
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