Sullivan v. Presdee
New York Court of Common Pleas
Appeal from a judgment of the district court in the city of New York for the first judicial district, vacating an attachment and dismissing the action. The action was commenced by a “ long summons,” and a warrant of attachment was granted against the property of the defendant.
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Appeal from a judgment of the district court in the city of New York for the first judicial district, vacating an attachment and dismissing the action. The action was commenced by a “ long summons,” and a warrant of attachment was granted against the property of the defendant. Before interposing an answer, the defendant objected -that it appeared upon the plaintiff’s papers that the defendant was a non-resident of the city of New York, and, that fact being conceded, the justice vacated the attachment and dismissed the action. From this decision the plaintiff appealed to this court.
1Opinion of the CourtVan Hoesen, J.
The repealing act (chapter 417) of 1877 repeals sections 1 and 2 of chapter 484 of the Laws of 1862. The two sections repealed simply prohibited persons not attorneys at law from practicing as attorneys in the district courts. The repealing act of 1880 (chapter 245, Laws of 1880) repealed sections 3,10,15, 51 and 76 of chapter 344 of the Laws of 1857, commonly known as the district court act, and so much of' chapter 484 of the Laws of 1862' as applied to the marine court. The remaining parts of the district court act of 1857, and the act amendatory thereof, known as chapter 484 of the Laws of…
2Cited by3 opinions
- Rosenthal v. GrouseNew York Court of Common Pleas · 1885
- Allison v. T. A. Snider Preserve Co.Appellate Terms of the Supreme Court of New York · 1897
- Rosenthal v. GrouseNew York Court of Common Pleas · 1885