Beckermann v. Chambers

Motion to vacate warrant of attachment. The ground on which the attachment was granted was the nonresidence of the defendant. Several affidavits are submitted, one made by one of the plaintiffs, who deposes not upon knowledge, but on information and belief, that the defendant resides at San Francisco, in the State of California. The source of his knowledge is given as the affidavits of one Herbert Choynski. The test of the sufficiency of the allegation of nonresidence is then to be sought in these affidavits. The first affidavit reads as follows: “ Herbert Choynski, being duly sworn, deposes…