Bliss v. Molter
New York Supreme Court
Motion by defendant for an order to discharge an attachment. The action was brought by Archibald M. Bliss against Julius F. Molter, and others. The motion was opposed by plaintiff, on the ground that the undertaking had been acknowledged before defendant’s attorney as notary public.
1Opinion of the CourtVan Vorst, J.
The rule excluding from consideration affidavits taken in an action before the attorney therein, as a notary or commissioner, is. an old *242one (Taylor v. Hatch, 12 Johns. 340; Anon., 4 How. Pr. 290). The execution of this undertaking was acknowledged, and the justification of the sureties was had before the person whose name is indorsed on the undertaking as attorney for the defendant.
The acknowledgment of the undertaking and the justification of the sureties are essential portions of the undertaking (Code Civ. Pro. §§ 810, 812). The affidavits were taken in a pending action, the one in which…
2Cases cited3 opinions
- Taylor v. HatchNew York Supreme Court · 1815
- Vary v. GodfreyNew York Supreme Court · 1827
- AnonymousNew York Supreme Court · 1849