Simons v. Lehigh Mills Co.

The affidavit accompanying the notice of motion to vacate the attachment merely contains the averments necessary to apprise the court of the proceedings taken by plaintiff with respect to the issuance of the attachment and refers to no fact which may tend to controvert or overcome the effect of any allegation in plaintiff’s original papers. Under these circumstances the additional affidavits tendered by plaintiff in support of the attachment inay not and will not be considered. The attachment is assailed upon the grounds that there was inadequate proof of defendant’s non-residence or of any…