Smyth v. Mayer

The defendant moves to vacate a warrant of attachment issued in this action brought for the foreclosure of a mortgage on real property, on the ground that the granting of such warrant is unauthorized. The complaint is in all respects in the conventional form and asks for no personal judgment against the mortgagors for a sum of money, except as set forth in the clause containing the prayer for relief. This asks in the usual manner for the foreclosure of the mortgage and the sale of the premises; that the net proceeds of sale be applied to the payment of the amount due the plaintiff for…