Legal Opinion

Boscher v. Roullier

New York Supreme Court

Decided May 15, 1857PublishedCited by 1 opinion

Motion to vacate attachment.

1Opinion of the CourtMitchell, J.

—An attachment was issued against the defendant as a non-resident, and property was levied on, which the wife claims is her separate property; she also alleges that the debt due was contracted by and for her, and not by her husband. Both of these allegations are denied. If the property is the separate property of the wife, so that it cannot be taken for her husband’s debts, still the sheriff may at his peril levy on it, and the wife must be left to her action against.-him and his co-trespassers.

Every allegation essential to the granting of an attachment may be denied and disproved on a motion…

2Cited by1 opinion

  1. Bacon v. Abbey PressAppellate Terms of the Supreme Court of New York · 1904

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