Delamanarus v. Traparis
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, Second District, borough of Manhattan, in favor of the plaintiff, upon the pleadings.
1Opinion of the CourtGiegerich, J.
In this case, the defendants have appealed from the judgment for the sole purpose of bringing up for review an order denying a motion to vacate the attachment which the plaintiff had obtained from a justice of the Municipal Court, against their property.
The precise question here presented arose in Rosenthal v. Grouse, 12 Daly, 529, and in Schnauffer v. Catterbury, 16 id. 358, where it was held that a warrant of attachment was merely a provisional remedy, not involving the merits of the action, nor the validity of the process by which the defendant was brought into court, and that error of the…
2Cases cited1 opinion
- Rosenthal v. GrouseNew York Court of Common Pleas · 1885