Lang v. Marks

—The main question which it is necessary to decide in disposing of this appeal seems to be this : Upon an appeal to this court from a district court in the city of New York, can this court review the decision of the justice denying a motion to vacate an attachment issued • against property which had been previously issued in the action? Unless it can, then no matter how erroneous the proceeding of a justice may have been in the issuing or sustaining an attachment the defendant is wholly without remedy. Under the practice prior to the new Code it was well settled that upon an appeal from a…