Hayden v. Mullins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles Hayden and another, from an order of the Supreme Court, made at the Few York Special Term and entered in the office of the clerk of the county of Few York oil the 14th day of August, 1902, vacating a warrant of attachment - theretofore obtained by the plaintiffs.
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Appeal by the plaintiffs, Charles Hayden and another, from an order of the Supreme Court, made at the Few York Special Term and entered in the office of the clerk of the county of Few York oil the 14th day of August, 1902, vacating a warrant of attachment - theretofore obtained by the plaintiffs. The affidavit on which the attachment was granted alleges “ that the defendant, whose Christian name is unknown to plaintiffs,-but who signs himself ‘P. Mullins,’ was a resident of Butte, in the State of Montana, United States of America, and was a non-resident of the State of New York.”
1Opinion of the Court
Hatch, J.:
The warrant of attachment was procured to be issued September 28, 1901. The -defendant took no steps therein until August 11, 1902, when he moved to vacate the same for irregularity in the papers upon which the attachment was granted. The claimed irregularity consists in the insufficiency of the affidavit upon which the attachment was based, the substantial ground, and the one now relied upon to sustain the order vacating the attachment, being that no facts or circumstances are stated from which the court could infer that the affiant had personal knowledge of the non-residence of…
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