Cruyt v. Phillips
New York Supreme Court
Appeal from a judgment overruling demurrer to complaint. This was an action brought in the City Court of BroQklyn, against the sureties in an undertaking given to the plaintiff, in a former action brought by him against one Biebuyck.
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Appeal from a judgment overruling demurrer to complaint. This was an action brought in the City Court of BroQklyn, against the sureties in an undertaking given to the plaintiff, in a former action brought by him against one Biebuyck. The complaint was as follows: “ The complaint in this action respectfully shows that on or about the 13th day of September, 1854, an attachment issued out of the Supreme Court, in an action commenced by Charles Oruyt, the • plaintiff herein, against Paul M. Biehuyck, to recover—first, the proceeds of the sale of certain goods, laces, and embroideries of said…
1Opinion of the Court
By the Court.—Emott, J.
—An attachment in an action in this court, is not process by which a suit is commenced, but merely a provisional remedy. In this respect it is like an injunction. It has, therefore, been held that the statements in the affidavits on which an attachment is issued, are not jurisdictional facts; that the attachment is not void if they are insufficient, and that any defects in the affidavits may be supplied on a motion to set aside the attachment. The jurisdiction is conferred by the commencement of the suit; all afterwards is a question of regularity, or of the discreet…
2Cited by1 opinion
- Eisenbud v. GellertAppellate Terms of the Supreme Court of New York · 1899