Hellwig v. Seeley

This is a motion, under section 682 of the Code of Civil Procedure, by a junior attaching creditor to vacate a senior warrant of attachment. It is a well-established rule that in order to succeed in. such a motion it must appear that the papers upon which the subsequent attachment was issued were themselves sufficient. Dayton v. McElwee Mfg. Co., 19 N. Y. Supp. 46; Ladenburg v. Commercial Bank, 2 App. Div. 477; Central National Bank v. Ft. Ann Woolen Co., 24 N. Y. Supp. 640; affd. on opinion below, 76 Hun, 610; Corn Exchange Bank v. Marckwald, 57 N. Y. Supp. 458. The subsequent attaching…