Dietlin v. Egan
New York Court of Common Pleas
Appeal from city court, general term. Action by Francois X. Dietlin against Thomas D. Egan. From an order of the general term of the city court, affirming an order denying defendant’s motion to vacate an attachment theretofore granted, defendant appeals.
1Opinion of the CourtBischoff, J.
No claim is made on this appeal that plaintiff’s affidavit, upon which the attachment was granted, did not prima facie present sufficient facts for that purpose, or that plaintiff’s proceeding was in any respect irregular, but the sole ground upon which the propriety of the denial of defendant’s motion to vacate the attachment is questioned is that the traverse by defendant’s affidavit of the facts assigned in support of plaintiff’s allegation of a valid and subsisting cause of action, which was necessary to support the attachment, left such alleged cause of action disproved. Plaintiff’s…
2Cases cited3 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Honegger v. . WettsteinNew York Court of Appeals · 1883
3Cited by4 opinions
- Ciancimino v. ManNew York Court of Common Pleas · 1892
- Hand v. ShawNew York Court of Common Pleas · 1895
- McNamara v. NolanNew York Court of Common Pleas · 1895
- Eaves Costume Co. v. PrattNew York Court of Common Pleas · 1893