Percha v. Mayor
New York Court of Appeals
Appeal by the plaintiff from an order of the General Term of the supreme court of the First Departments, reversing an order of the Special Term which denied the defendants motion to vacate an attachment. The material facts are fully stated in the opinion.
1Opinion of the CourtEarl, J.
The plaintiff commenced this action against the defendant, in the supreme court' of this State, to *219recover the amount of a judgment rendered in its favor against the defendant in Texas, by a court in that State having jurisdiction of the action. For the purpose of obtaining1 an attachment against the defendant an affidavit was made on behalf of the plaintiff in which it was stated, among other things, that the judgment was duly recovered in the Texas court; but there was no allegation in the complaint, nor statement in the affidavit, showing what the judgment was recovered for. The attachment…
2Cases cited15 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Chase v. CurtisSupreme Court of the United States · 1885
- Clark v. . RowlingNew York Court of Appeals · 1850
- Chase v. . LordNew York Court of Appeals · 1879
- Wyman v. MitchellNew York Supreme Court · 1823
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3Cited by1 opinion
- Hellstern v. HellsternNew York Court of Appeals · 1938