St. Amant v. De Beixcedon
The Superior Court of New York City
Appeal from an order at chambers, denying a motion to discharge an attachment issued in the above suit, under chapter four of title seven of the code. On the argument of the motion, the plaintiff was permitted to read an affidavit in addition to that on which the warrant was granted.
1Opinion of the Court
By the Court. Oakley, Ch. J.
There are two questions which arise upon this appeal. In the first place, can supplemental affidavits be introduced in support of the original affidavits, upon which a warrant of attachment is issued, where a motion is made to set the warrant aside ? and secondly, is there sufficient shown, upon the affidavit in this case, to justify the Avarrant?
As to the first point, we entertain no doubt as to the right -to introduce supplemental affidavits. The cases under the code are different from those which have arisen under the revised statutes, where the jurisdiction of…
2Cited by5 opinions
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- Greene v. GonzalesNew York Court of Common Pleas · 1869
- State v. LivingstonCourt of Chancery of Delaware · 1871