Legal Opinion

Fisher v. Bloomberg

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1902PublishedCited by 5 opinions

' Appeal by the defendant, Joseph H. Bloomberg, sued herein as " John ” H. Bloomberg, from an order of the Supreme Court, made at the Hew York Special Term and entered.in the office of the clerk of the county of Hew York on the 10th day of May, 1902, denying his motion to vacate an attachment.

1Opinion of the Court

McLaughlin, J.:

The defendant moved, upon the papers upon which an attachment-was granted, to . vacate the same. Intermediate the’ making of the motion and its hearing the plaintiff obtained an order to show *369cause why he should not be permitted to supply nunc pro tune a defect in one of the affidavits upon which the attachment was based. The defect sought to be supplied was the omission of the venue. Both motions were heard together, at the close of which an order was made granting leave to the plaintiff within ten days to amend such affidavit nunc pro tune by inserting the venue, viz., “…

2Cases cited7 opinions

  1. Parker v. BakerNew York Court of Chancery · 1840
  2. Lawton v. KielNew York Supreme Court · 1868
  3. Fawcett v. . VaryNew York Court of Appeals · 1875
  4. Sulzbacher v. J. Cawthra & Co.New York Court of Common Pleas · 1895
  5. King v. KingAppellate Division of the Supreme Court of the State of New York · 1902

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3Cited by5 opinions

  1. Bank of America, National Ass'n v. BrannonAppellate Division of the Supreme Court of the State of New York · 2017
  2. Barthelmues v. IvesNew Rochelle City Court · 1948
  3. In re the Accounting of HellerNew York Surrogate's Court · 1954
  4. Bank of America, National Ass'n v. BrannonAppellate Division of the Supreme Court of the State of New York · 2017
  5. Rosenblatt v. Jersey Novelty Co.New York Supreme Court · 1904

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