Talcott v. Rosenberg
New York Court of Common Pleas
Appeal from a judgment of the marine court. This action was brought by James Talcott, against Felix J. Rosenberg, and another,.in the marine court of the city of Hew York. The facts of the case are sufficiently stated in the opinion.
1Opinion of the Court
By the Court.—Loew, J.
On this appeal, three questions are presented for our consideration.
1st. Were the affidavits, upon which the attachment was issued by the court below, sufficient to sustain the same, and confer jurisdiction on that tribunal \
2nd. Was it necessary that the attachment should bear the seal of the court; and if so, could the defect of its omission be cured by amendment ? And
3rd. Was the sheriff’s return sufficient; and if not, had the court below the power to order it to be amended ?
As to the sufficiency of the affidavits, it may perhaps be that the plaintiff did not make…
2Cases cited23 opinions
- Coon v. . the Syracuse and Utica Railroad Co.New York Court of Appeals · 1851
- Johnson v. MossNew York Supreme Court · 1838
- Wheaton & Doolittle v. FellowsNew York Supreme Court · 1840
- Hallett v. RightersNew York Supreme Court · 1856
- Willard v. BridgeNew York Supreme Court · 1848
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3Cited by1 opinion
- Richmond Sales Co. v. MorrisAppellate Division of the Supreme Court of the State of New York · 1913