Hawkins v. Pakas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William K. Hawkins, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of February, 1899, granting the defendant’s motion to vacate an attachment issued in the action, made upon the papers upon which the attachment was issued.
1Opinion of the Court
Patterson, J.:
This is an appeal from an order vacating an attachment upon the papers on which it was granted. The decision below was made upon the assumption that a jurisdictional fact was not disclosed on the application for the warrant, in that there was no averment in the *507papers that, the plaintiff was a resident of the State of New York. As this is an action between individuals, such an averment was not necessary. The cases cited by the learned justice below were actions against foreign corporations. As the jurisdiction over such corporations is limited, it has been held that to authorize…
2Cases cited2 opinions
- Murphy v. . JackNew York Court of Appeals · 1894
- Turtle v. TurtleAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by6 opinions
- Swiss Bank Corp. v. EatessamiAppellate Division of the Supreme Court of the State of New York · 1966
- King v. KingAppellate Division of the Supreme Court of the State of New York · 1901
- Barker v. SmithDistrict Court, S.D. New York · 1968
- Public Administrator v. GalloNew York Supreme Court · 1950
- Ennis v. UntermyerAppellate Division of the Supreme Court of the State of New York · 1904
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