Robinson v. . National Bank of Newberne
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term denying a motion to set aside an attachment issued in this action. (Reported below, 19 Hun, 477.) The material facts appear in the opinion. The court had no jurisdiction to issue the attachment.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term denying a motion to set aside an attachment issued in this action. (Reported below, 19 Hun, 477.) The material facts appear in the opinion. The court had no jurisdiction to issue the attachment. (U. S. R. S. [ed. of 1878], § 5242; Farmers', etc., Bank v. Deering, 91 U. S. 29; Chesapeake National Bank v. First National Bank of Baltimore, 40 Md. 269; Thompson's National Bank Cases, 117, 503; Central National Bank v. Richland National Bank, 52 How. Rr. 136; Rhoner v.…
1Opinion of the CourtDanforth, J.
The case comes here upon appeal by defendant, from an order made by a General Term of the Supreme Court of the fourth department, upon the following facts: The plaintiff resides in this State, and is a creditor of the defendant. The defendant is a banking association, organized under the laws of the United States (title LXII, U. S. Rev. Stat.), and located at Newberne, North Carolina. Upon affidavits showing these and other facts sufficient to bring the case within the provisions of the Code-of Civil Procedure in force in this State, an attachment was granted by one of the justices of the…
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