Schumann v. Davis
New York Court of Common Pleas
Appeal from city court, general term. Action by Theodore F. Schumann and others against John H. Davis. Defendant appeals from an order of the general term of the city court affirming an order of the special term denying a motion by defendant to vacate an attachment against his property for insufficiency of the affidavits upon which the attachment was granted.
1Opinion of the CourtDaly, C. J.
The point argued upon this appeal is that material facts contained in the affidavit upon which the judge granted the attachment were stated upon information alleged to be derived from one Gane, and that it was not shown that the deposition of Gane could not be procured, and that the affidavit does not state that the affiant believed the information; also that, upon the motion to vacate the attachment, plaintiffs were permitted to read the deposition of Gane in support of the original affidavits upon which the warrant was granted; and, finally, that the matters stated upon information from…
2Cases cited1 opinion
- Betz v. ConnerNew York Court of Common Pleas · 1878
3Cited by4 opinions
- Charleston Co-op. v. A. W. Allen & Bros.Utah Supreme Court · 1912
- Republic of Italy v. De AngelisCourt of Appeals for the Second Circuit · 1953
- Republic of Italy v. De AngelisCourt of Appeals for the Second Circuit · 1953
- Republic of Italy v. De AngelisCourt of Appeals for the Second Circuit · 1953