Kerr v. . Mount
New York Court of Appeals
Appeal by the defendant from a judgment of the Supreme Court. The complaint alleged the illegal seizure by the original defendant, Moffat, of two casks of certain valuable lamps called oleostatic lamps, being fifty-eight in number, under pretense of an attachment in favor of one Cole, against the property of the plaintiff.' It admitted that all the lamps except one had been returned to the plaintiff under certain proceedings in the Superior Court of the city of New York, but…
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Appeal by the defendant from a judgment of the Supreme Court. The complaint alleged the illegal seizure by the original defendant, Moffat, of two casks of certain valuable lamps called oleostatic lamps, being fifty-eight in number, under pretense of an attachment in favor of one Cole, against the property of the plaintiff.' It admitted that all the lamps except one had been returned to the plaintiff under certain proceedings in the Superior Court of the city of New York, but it alleged that when returned they were in a damaged state, having been injured after the taking. The answer set up an…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The warrant of attachment was undoubtedly void. It could only be issued where an action was depending. The authority to grant it against a non-resident of the state is given only "in anaction for the recovery of money against a defendant who is not a resident of the state." (Code, § 227.) The mere issuing of a summons is not the…
2Cases cited3 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Hanmer v. WilseyNew York Supreme Court · 1837
- Vosburgh v. WelchNew York Supreme Court · 1814
3Cited by45 opinions
- Blossom v. . EstesNew York Court of Appeals · 1881
- Allen v. . MeyerNew York Court of Appeals · 1878
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Siegel v. Northern Boulevard & 80th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Lyon v. YatesNew York Supreme Court · 1868
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