Swezey v. Bartlett
New York Supreme Court
Motion to vacate an attachment. This action, with four others, was commenced by Oscar F. Swezey against William O. Bartlett, and attachments were issued, which the defendant now moved to vacate upon grounds stated in the opinion.
1Opinion of the CourtGilbert, J.
The attachments in these cases, were granted upon the allegation, that, as the plaintiff believed, the defendant was a non-resident of this State, but a resident of the State of New” Jersey; and upon a further allegation as follows: “ that said Bartlett has departed from this State, to avoid the service of a summons on him, or that if said Bartlett is in this State, he is here clandestinely, and keeps himself concealed here with the like intent.”
*445The' affidavits presented on the application for the attachment, do not make out a case of non-residence; the only facts stated in them are, that the…
2Cases cited2 opinions
- Garbutt v. HanffNew York Supreme Court · 1862
- Lawrence v. JonesNew York Supreme Court · 1862