Sicklick v. Schasseur

These are appeals by defendant Schasseur from two orders at Special Term, the first denying a motion to vacate the warrant of attachment upon the original papers, and the second order denying a motion to vacate the warrant of attachment upon affidavits submitted by the defendant.

Judged by the well-established rule that in order to sustain an attachment facts as distinguished from mere conclusions must be shown, we find that the plaintiff has failed to show that he suffered substantial damage. Attachment is a summary remedy, property being impounded before judgment and the courts have often…