National Shoe & Leather Bank v. Mechanics' National Bank
New York Court of Appeals
Appeals from orders of the General Term of the Supreme Court, in the first judicial department, made April 10, 1882, which affirmed orders of Special Term vacating attachments issued before judgment in the actions above entitled. The applications to vacate the attachments were made by Frederick Frelinghuysen, who was appointed receiver of the defendant, after the issuing and levy of the attachments.
1Opinion of the CourtDahfoeth, J.
The orders appealed from affirmed orders of the Special Term vacating attachments issued before judgment against the property of the defendant. They relate to the mode of procedure, do not affect the merits of the action, and to some extent involve the exercise of discretion. It has therefore been the frequent practice of this court to dismiss an appeal in such cases (Sartwell v. Field, 68 N. Y. 341; Wallace v. Castle, id. 370), and that practice, for reasons stated in Van Slyke v. Hyatt (46 N. Y. 259); Anonymous (59 id. 313); Martin v. Windsor Hotel Co. (70 id. 101), must be followed in this…
2Cases cited9 opinions
- Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Tracy v. . First National Bank of SelmaNew York Court of Appeals · 1868
- In re GriswoldNew York Supreme Court · 1851
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3Cited by2 opinions
- Gray v. First National Bank & Trust Co.New York Court of Appeals · 1934
- Duryea, Watts & Co. v. RaynerNew York Court of Common Pleas · 1895