Sloan v. Implement Dealers Manufacturing Co.
New York Supreme Court
This is an action of replevin and this motion is made by defendant for an order “ vacating and setting aside * * * the affidavit, requisition and all proceedings * * * upon the ground that said affidavit contains no evidence to justify the issuing of said requisition or to confer jurisdiction,” etc.
1Opinion of the CourtHiscock, J.
The affidavit attacked herein is made by the agent of the plaintiffs, but his right so to do is clearly justified by the fact, amongst others, appearing upon the papers that the plaintiffs lived *452outside of the state and were not within, the county where the plaintiffs’ attorneys resided and the affidavit was made.
The action is brought to recover lumber and the sufficiency of the affidavit is questioned in respect to its description of said lumber, it being claimed that it does not “ particularly describe the chattels to be replevied.” This contention, however, seems to be clearly not well…
2Cited by1 opinion
- Ford Motor Co. v. GlyderAppellate Division of the Supreme Court of the State of New York · 1942