Thorington v. . Merrick
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 15, 1885, which affirmed an order of Special Term vacating and setting aside a warrant of attachment issued herein.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 15, 1885, which affirmed an order of Special Term vacating and setting aside a warrant of attachment issued herein. The affidavit upon which the attachment was issued alleged “ that a cause of action exists in favor of said plaintiffs against said defendants, for which said action is commenced, or is about to be, and the amount of plaintiffs’ claim in said action is, to-wit: $10,000 with interest from the 1st day óf January, 1883, over and above all discounts and set-offs, and that the…
1Opinion of the Court
Per Ouriarn.
The action here is in equity, and from the facts set forth in the affidavit the plaintiffs are only entitled to a judgment that the defendants hold the pine lands, therein mentioned, in trust for the plaintiffs, and that they convey the same to the plaintiffs, and that an accounting of their transactions be taken as trustees for the plaintiffs, and that they pay-over the sum found due to them upon such accounting.
It is manifest that in such a case an attachment will not lie, within the provisions of section 635 of the Code of Civil Procedure. .We are also of the opinion that the…
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- Van Camp v. . SearleNew York Court of Appeals · 1895
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
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