Wessels v. . Boettcher
New York Court of Appeals
Appeal from order of the General Term of the ‘Supreme Court iu the first judicial department, made the first Monday of December, 1893, which affirmed conditionally an order of Special Term denying a motion to vacate a warrant of attachment. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the ‘Supreme Court iu the first judicial department, made the first Monday of December, 1893, which affirmed conditionally an order of Special Term denying a motion to vacate a warrant of attachment. The facts, so far as material, are stated in the opinion. The facts alleged in the affidavit upon which this warrant of attachment was granted were insufficient to give the court jurisdiction, and the granting of the warrant was, therefore, beyond the power of the court. (Goodrich v. Dorman, 38 N. Y. S. R. 198 ; Finlay v. De Castroverde, 68 Hun, 59 ; Tim…
1Opinion of the CourtBartlett, J.
The plaintiff sued defendant for breach of an express contract, and obtained a warrant of attachment on the ground he was a non-resident. The record discloses that defendant is a resident of the West Indies, and appears in this action specially by attorney for purpose of motion to vacate the attachment. This motion was based on four grounds, viz. :
1. Plaintiffs were stayed by reason of non-payment of motion costs in a former action on the same cause of action.
2. Insufficient affidavit upon which the attachment was obtained.
3. That no notice was served with the summons, as required by section…
2Cited by9 opinions
- In re the Estate of FriedmanNew York Surrogate's Court · 1938
- Patchen v. President of Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Farrington v. RootNew York Court of Common Pleas · 1894
- In re the Estate of McTeveyNew York Surrogate's Court · 1916
- Allen v. BecketAppellate Terms of the Supreme Court of New York · 1903
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