Tim v. . Smith
New York Court of Appeals
Appeals from orders of the General Term of the Court of Common Pleas in and for the city and county of New York, made May 18, 1883, which reversed orders of Special Term vacating, upon motion of persons claiming as subsequent attachment creditors, attachments issued in each of the causes above entitled. The material facts are stated in the opinion.
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Appeals from orders of the General Term of the Court of Common Pleas in and for the city and county of New York, made May 18, 1883, which reversed orders of Special Term vacating, upon motion of persons claiming as subsequent attachment creditors, attachments issued in each of the causes above entitled. The material facts are stated in the opinion. The order of the Special Term having been rendered solely upon the ground that the moving party was not entitled to make the motion, the question presented is one of absolute legal right, and is appealable to this court. (Allen v. Meyer, 73 N. Y.…
1Opinion of the Court
Ruger, Ch. J.
In each of the above-entitled actions the appellants, who were junior attaching creditors, sought to set aside and vacate prior attachments obtained by the respective respondents, and claimed to have been levied upon the property of the defendant, Clinton H. Smith, an insolvent debtor.
The motion was founded upon the alleged insufficiency of the affidavits upon which the prior attachments were allowed, and the allegation that the appellant had acquired a lien by virtue of a subsequent attachment upon the same property covered by the prior attachments. The only proof of the latter…
2Cases cited1 opinion
- Ruppert v. . HaugNew York Court of Appeals · 1881
3Cited by24 opinions
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- In re StonebridgeNew York Supreme Court · 1889
- McVicker v. CampaniniNew York Supreme Court · 1889
- People ex rel. Wallkill Valley Railroad v. KeatorNew York Supreme Court · 1885
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