American Audit Co. v. Industrial Federation of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Industrial Federation of America, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of January, 1903, denying the defendant’s motion to vacate an attachment theretofore granted in the above-entitled action.
1Opinion of the Court
O’Brien, J.:
The defendant moved to vacate the attachment on the papers upon which it was granted, consisting of a summons and an affidavit, the contention being that the summons was void and that the plaintiff did not state a cause of action against the defendant. In view of the conclusion at which we have arrived upon the more substantial question as to whether a cause of action was stated, it is unnecessary to discuss the question as to the validity of the sum*545mons and as to whether this point was abandoned by the defendant at Special Term.
The affidavit used to obtain the warrant of…
2Cited by3 opinions
- Commonwealth v. FreySuperior Court of Pennsylvania · 1979
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
- Atkins v. FitzpatrickNew York Supreme Court · 1908