Lacker v. Dreher
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by George Lacker against Christian W. G. Dreher. From an order denying a motion to vacate a warrant of attachment, based on the papers on which the warrant was granted, defendant appeals.
1Opinion of the CourtHatch, J.
The attachment issued based upon the ground that the defendant had departed from the state with intent to defraud his creditors. It is not denied but that the proof was in all respects suf-' ficient upon which to support a cause of action entitling the plaintiff to relief by the remedy of attachment, if it was sufficient upon which the court could exercise its discretion in determining that the defendant had in fact departed from the state with intent to cheat and defraud his creditors. It is a recognized rule of law that process by way of attachment is the exercise of an extraordinary power,…
2Cases cited6 opinions
- Crowns v. VailNew York Supreme Court · 1889
- Ladenburg v. Commercial Bank of NewfoundlandAppellate Division of the Supreme Court of the State of New York · 1896
- Hanson v. MarcusAppellate Division of the Supreme Court of the State of New York · 1896
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Jaffray v. NastNew York Supreme Court · 1890
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3Cited by2 opinions
- Altworth v. FlynnAppellate Terms of the Supreme Court of New York · 1899
- Altworth v. FlynnAppellate Terms of the Supreme Court of New York · 1899