Legal Opinion

Tracy v. First National Bank of Selma

New York Court of Appeals

Decided January 15, 1868PublishedCited by 1 opinion

Appeal from the general term of the Supreme Court, in the first district, where an order denying a motion to vacate an attachment had been affirmed.

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Appeal from the general term of the Supreme Court, in the first district, where an order denying a motion to vacate an attachment had been affirmed. This was an action by Buford A. Tracy against the First National Bank of Selma, in Alabama, to recover the amount, of certain checks drawn by the defendant upon the Ocean National Bank of New York, amounting in the aggregate to $8500. The plaintiff procured an attachment to be issued, which was levied upon a sum of money standing to the credit of the defendant in the Ocean Bank. The defendant was a national bank, organized under the act of…

1Opinion of the CourtHunt, C. J.

I am of the opinion, that the objection that this order is not appealable to this court, is not valid. The receiver insists, that as a matter of law and of strict right, the attachment in this case was illegal, alleging that the defendant is not a foreign corporation, within the statute, and also, that the cause of action *610did not arise in this state, and also, that the priority of the United States’ claim renders the attachment invalid. He bases his objection upon strict law and a claim of right, conceding that he cannot control or influence the discretion of the court below. In such ease,…

2Cases cited4 opinions

  1. The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
  2. In re GriswoldNew York Supreme Court · 1851
  3. Thacher v. BancroftNew York Supreme Court · 1862
  4. Isham v. KetchumNew York Supreme Court · 1866

3Cited by1 opinion

  1. Ogletree v. McQuaggsSupreme Court of Alabama · 1880

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