Dayton v. McElwee Manuf'g Co.
New York Supreme Court
Appeal from special term, New York county. Two actions by Henry W. Dayton against the McEiwee Manufacturing Company. From orders denying motions to vacate attachment issued against defendant’s property, the Northern National Bank of Big llapids, Mich., and La Flora S. Baker, subsequent attaching creditors, appeal.
1Per curiam
We agree with the special term that there is no substantial distinction between these cases and that of Tim v. Smith, 3 Civil Proc. B. 347. In the latter case a copy of the warrant of attachment was not appended to the papers, but the attorney made an affidavit with regard to its existence. Here the attorney has made a similar affidavit, and has in addition furnished a copy of the warrant. But the court held, in the case cited, that the junior attaching creditor was bound, when he moved to vacate the prior attachment, to show that his warrant was granted upon papers sufficient to confer…
2Cases cited1 opinion
- Tim v. . SmithNew York Court of Appeals · 1883
3Cited by1 opinion
- Hellwig v. SeeleyNew York Supreme Court · 1919