Dalinda v. Abegg

Defendant, a non-resident, moves to vacate an order for service of the summons by publication and a warrant of attachment, and all proceedings taken thereunder, upon the grounds (a) that the warrant was not levied upon any property of defendant, and (b) the papers upon which the order for service by publication was made contained no proof by affidavit that the warrant had been so levied. The property claimed to have been levied upon consists of stock certificates of which defendant appears by the certificates to be the owner and which were and are held by J. P. Morgan & Co. in custodian…