Public Administrator v. Gallo

Motion by defendants for an order vacating and setting aside warrants of attachment. The action is for recovery of money had and received. The motion is founded on the papers on which the warrant is granted which defendants assert are insufficient on their face in that (1) it is not shown by evidentiary facts that a cause of action for the recovery of a sum of money only exists against the defendants; (2) that the material averments in the papers submitted in support of the warrant are stated upon information and belief without setting forth or attaching thereto the source of such alleged…