Head v. Wollner
New York Supreme Court
Appeal from special term, Onondaga county. From an order setting aside an attachment issued on the ground that defendant kept himself concealed to avoid service, plaintiffs appeal.
1Opinion of the CourtHardin, P. J.
Plaintiffs obtained an attachment January 24, 1889, upon the ground that defendant kept himself concealed to avoid the service of a summons. Section 636 of the Code of Civil Procedure requires the party obtaining an attachment on such ground to show by affidavit to the satisfaction of the judge granting the same that the defendant keeps himself concealed with intent to avoid the service of a summons. The affidavit must make legal proof so as to judicially satisfy the officer who is called upon to issue an attachment. Mott v. Lawrence, 17 How. Pr. 559. Because the defendant was not found at…
2Cases cited8 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Schoonmaker v. . SpencerNew York Court of Appeals · 1873
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- Towsley v. McDonaldNew York Supreme Court · 1860
- Castellanos v. . JonesNew York Court of Appeals · 1851
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3Cited by2 opinions
- Breakstone Bros. Bronx Branch, Inc. v. HymanAppellate Terms of the Supreme Court of New York · 1916
- Finn v. MehrbachCity of New York Municipal Court · 1900