Hodgman v. Barker
New York Supreme Court
Appeal from special term, New York county. Application by the National Broadway Bank to vacate an attachment levied on the property of Stephen B. Barker at the suit of George J?. Hodgman. Plaintiff appeals from an order vacating his attachment. Code Civil Proc. N. Y. § 682, provides that “a person who has acquired alien upon or interest in * * * property after it was attached may at any time '* * * apply to vacate or modify the attachment.” Code Civil Proc.
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Appeal from special term, New York county. Application by the National Broadway Bank to vacate an attachment levied on the property of Stephen B. Barker at the suit of George J?. Hodgman. Plaintiff appeals from an order vacating his attachment. Code Civil Proc. N. Y. § 682, provides that “a person who has acquired alien upon or interest in * * * property after it was attached may at any time '* * * apply to vacate or modify the attachment.” Code Civil Proc. N. Y. § 885, provides that a party intending to make a motion in a court of record, wherein it is necessary to have the affidavit of a…
1Opinion of the CourtVan Brunt, P. J.
I cannot concur in the conclusion arrived at by Mr. Justice Lawrence, that the order appealed from should be affirmed. It is undoubtedly true that the papers upon which the plaintiff obtained his warrant of attachment disclose no cause of action, as stated in the opinion of Mr. Justice Lawrence, but it would appear that the papers upon which the moving party, the National Broadway Bank, obtained its attachment were equally defective. It appears from the warrant that it was obtained upon an affidavit made by the cashier of the National Broadway Bank, in which the allegation simply is that the…
2Cited by5 opinions
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