Haviland v. Wehle
New York Court of Common Pleas
Appeal by the plaintiffs from a judgment of the marine court, at general term. On the 8th day of December, 1869, these plaintiffs and others, commenced thirteen actions against the defendant, by attachments returnable two days thereafter. Under these attachrnents'the plaintifi removed all the defendant’s goods from her store.
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Appeal by the plaintiffs from a judgment of the marine court, at general term. On the 8th day of December, 1869, these plaintiffs and others, commenced thirteen actions against the defendant, by attachments returnable two days thereafter. Under these attachrnents'the plaintifi removed all the defendant’s goods from her store. Subsequently said attachments were all vacated and set aside by the court, on the ground that they should have been long, instead of short attachments, the defendant being a resident of the city of New York. As precisely the same question was presented in each of the…
1Opinion of the Court
By the court, Loew, J.
—The only question presented foi our consideration on this appeal is, whether or not an action can be commenced in the marine court, against a resident defendant, by short attachment.
Section 34 of the act to abolish imprisonment for debt (Laws of 1831, Chap. 300, § 34), under which this attachment was issued, provides that in addition to the cases in which suits could be commenced by attachment, at the time of the passage of that act, any suit for the recovery of any debt or damage arising upon any contract express or implied, or upon any judgment, may be so commenced…
2Cases cited1 opinion
- Fallon v. McCunnThe Superior Court of New York City · 1860