Kloh v. New York Fertilizer Co.
New York Supreme Court
Appeal from special term, New York county. Action by Alphonse Kloh against the New York Fertilizer Company. From an order denying a motion to vacate an attachment made on the papers on which it was granted, defendant appeals.
1Per curiam
The order to show cause did not state the grounds nor the irregularity complained of upon which the motion to vacate the attachment was to be made. Under rule 37 of the general rules of practice it is provided that “when the motion is for irregularity, the notice or order shall specify the irregularity complained of.” In the case of Stevens v. Middleton, 14 N. Y. Wkly. Dig. 126, it was held that “defects in the affidavits used on application for an attachment, which are not specified in a notice of motion to set aside the attachment, cannot be relied upon in support of the motion.” The order…
2Cited by2 opinions
- Van Dyke v. New York State Banking Co.New York Supreme Court · 1896
- Brenker v. DlattCity of New York Municipal Court · 1909