Rallings v. McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philip F. McDonald, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of September, 1902', denying the defendant’s motion to vacate a warrant of attachment theretofore granted in the action.
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Appeal by the defendant, Philip F. McDonald, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of September, 1902', denying the defendant’s motion to vacate a warrant of attachment theretofore granted in the action. The action was begun by the personal service of the summons and verified complaint on the 14th day of November, 1901. Two causes of action for conversion are alleged in the complaint. The first is based upon an agreement between the parties under which the plaintiff delivered to…
1Opinion of the Court
Laughlin, J.:
The Special Term appears to have considered the motion on the merits and held that any defects in the original papers were supplied *116by the papers presented on. the motion to vacate the attachment. The defendant’s notice of motion did not specify any irregularity as required by rule 37 of the General Buies of Practice, and, consequently, only jurisdictional defects can be considered. The recital in the warrant of attachment that the action is for “ wrongful detention ” rather than wrongful conversion, in view of the allegations of the complaint and the affidavit on which the…
2Cases cited2 opinions
- Doheny v. WordenAppellate Division of the Supreme Court of the State of New York · 1902
- King v. KingAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Bodine v. BodineAppellate Terms of the Supreme Court of New York · 1913