Legal Opinion

Downey v. Fenn

New York Supreme Court

Decided September 10, 1910PublishedCited by 1 opinion

Action by Frank H. Downey against Albert O. Fenn and others. On attachment proceedings against a witness. Proceeding dismissed, and witness discharged.

1Opinion of the CourtBenton, J.

Upon the return of an attachment issued in the above-entitled action, Breckenridge Jones, the witness named herein, appeared in the custody of a deputy sheriff of Monroe county. Messrs. Taylor, Hubbell, and Kenefick appeared as counsel, and Messrs. O’Grady and Adams appeared for plaintiff. The following objections were made in behalf of Jones: First, the service of the

subpoena was inadequate; second, the sheriff of Monroe county had no right to serve the attachment; and, third, the affidavit served upon Jones was not a copy of the affidavit from which the attachment issued. The following…

2Cases cited1 opinion

  1. Hurd v. SwanNew York Supreme Court · 1847

3Cited by1 opinion

  1. Hyman Goldman Plumbing & Heating Corp. v. NesbitAppellate Division of the Supreme Court of the State of New York · 1935

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