Pach v. Orr
Superior Court of Buffalo
Appeal from special term. Attachment proceedings by Moritz Pach against Lizzie Orr. Buie 25, referred to in the opinion, is as follows: “Whenever application is made ex parte on affidavit to a judge or court for an order, the affidavit shall state whether any previous application has been made for such order, and, if made, to what court or judge, and what order or decision was made thereon, and what facts, if any, are claimed to be shown.
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Appeal from special term. Attachment proceedings by Moritz Pach against Lizzie Orr. Buie 25, referred to in the opinion, is as follows: “Whenever application is made ex parte on affidavit to a judge or court for an order, the affidavit shall state whether any previous application has been made for such order, and, if made, to what court or judge, and what order or decision was made thereon, and what facts, if any, are claimed to be shown. And, for the omission to comply with this rule, any order made on such application may be revoked or set aside. This rule shall apply to proceedings…
1Opinion of the CourtTitus, J.
The defendant appeals from an order vacating and setting aside an order setting aside an attachment obtained by the plaintiff from a judge at chambers. On the 30th day of December, 1887, the plaintiff, on complaint and affidavits, obtained an attachment against the property of the defendant, consisting of a stock of goods in her store Ho. 246 Main street, this city. On the same day the judge granting the attachment set it aside, on the ground, stated in the order, for failure to comply with rule 25 of the general rules of practice, “ without prejudice to a renewal, upon the same or other…
Also in this document: Concurrence.
2Cases cited4 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- Mojarrieta v. . SaenzNew York Court of Appeals · 1880
- Dickinson v. BenhamNew York Supreme Court · 1860
- Godfrey v. . GodfreyNew York Court of Appeals · 1878