Legal Opinion

Shelby Steel Tube Co. v. Burgess Gun Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 15 opinions

Appeal by Frank B. Le Fevre, a judgment creditor of the defendant, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 20tli day of February, 1896, denying his motion to vacate an attachment procured by the plaintiff upon the property of the defendant.

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Appeal by Frank B. Le Fevre, a judgment creditor of the defendant, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 20tli day of February, 1896, denying his motion to vacate an attachment procured by the plaintiff upon the property of the defendant. The plaintiff is a foreign corporation, organized under the laws of the State of Ohio, and the defendant is likewise a foreign corporation, organized under the laws of the State of West Virginia, having its manufactory and place of business in the city of Buffalo,…

1Opinion of the Court

Adams, J.:

It will be seen from a perusal of the accompanying summary of facts that this ease comes into this court under somewhat peculiar circumstances, for, since the decision of the appellant’s motion at Special Term, the attorneys have entered into a written stipulation, with the declared purpose of obviating what was, up to the time of its execution, a rather loose and tinsatisfactory statement of the facts relied upon by each of them. So far as we are able to discover, however, the stipulation simply renders concise and clear what was previously diffuse and vague; and, therefore, we are…

2Cases cited4 opinions

  1. Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
  2. Murphy Varnish Co. v. ConnellNew York Supreme Court · 1894
  3. Novelty Manuf'g Co. v. ConnellNew York Supreme Court · 1895
  4. Smith v. Union Milk Co.New York Supreme Court · 1893

3Cited by15 opinions

  1. Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
  2. Bruner v. MartinSupreme Court of Kansas · 1907
  3. Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
  4. Runkle v. PullinIndiana Court of Appeals · 1912
  5. State ex rel. Maynard v. JarrettWest Virginia Supreme Court · 1922

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