Legal Opinion

Brown v. Keogh

City of New York Municipal Court

Decided June 19, 1891PublishedCited by 2 opinions

Appeal from special term. Action by Alexander R. Brown against Christopher B. Keogh. Prom an order denying a motion to vacate an attachment defendant appeals.

1Opinion of the CourtMcCarthy, J.

This is an appeal from an order denying a motion to vacate an attachment on the original papers, the same being insufficient and defect*916ive. In disposing of this appeal we are to consider and examine the papers and affidavits on which the attachment was granted, and not the additional affidavits or papers printed in plaintiff’s points. The plaintiff must stand or fall on the original papers. They are clearly insufficient and defective, in that they contain conclusions, and not facts or circumstances tending towards such conclus.ons. In the language of Van Brunt, P. J., in Bank v. Loucheim, 8…

2Cases cited7 opinions

  1. Nichols v. . MichaelNew York Court of Appeals · 1861
  2. Morris v. . TalcottNew York Court of Appeals · 1884
  3. Nichols v. . PinnerNew York Court of Appeals · 1858
  4. Peoples' Bank of City of New York v. . BogartNew York Court of Appeals · 1880
  5. Tim v. . SmithNew York Court of Appeals · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Markey v. DiamondCity of New York Municipal Court · 1892
  2. United States Net & Twine Co. v. AlexanderCity of New York Municipal Court · 1891

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