Anthony v. Stype

Bockes, J.:

This is an appeal from the order of the Special Term, denying a motion to set aside an attachment.

The warrant of attachment was granted under, and pursuant to, section 636 of the Code of Civil Procedure, on the ground that'the defendant was about to assign or dispose of his property, with intent to defraud his creditors. The motion to discharge-the warrant of attachment was made on the papers used in obtaining it; and was based on the insufficiency of those papers alone.

It was made to appear, from those papers, that the defendant was justly indebted to the plaintiffs on contract,…