Legal Opinion

Ennis v. Untermyer

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1904Published

Appeal by the defendant, Maurice Untermyer, from án orden of' the Supreme Court, made at the Kings. County Special Term and entered in the office of the clerk of the county of Kings on the 2d day of February, 1904, denying the defendant’s motion to vacate and set aside warrants of attachment theretofore issued herein.

1Opinion of the Court

Willard Bartlett, J. :

This appeal is based upon two propositions: (1) That the plaintiffs have not established the existence of the jurisdictional fact that the defendant has not made a designation of a person upon whom to serve a summons in his behalf, as prescribed by section 430 of the Code of Civil Procedure; and (2) that the warrants do not comply with section 641 of the Code, because they do not recite any grounds of attachment recognized by the Code.

Subdivision 2 of section 636 of the Code of Civil Procedure* among other things, provides that an attachment may issue “ Where-the…

2Cases cited2 opinions

  1. King v. KingAppellate Division of the Supreme Court of the State of New York · 1902
  2. Hawkins v. PakasAppellate Division of the Supreme Court of the State of New York · 1899

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