Jones v. Sabin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gr. Erl win Jones, from a judgment of the Supreme Court, in'favor of the deféndant, entered in the office of the cleric of the county of Hew York on the 17th day of June, 19Ó7, upon an order entered, on the 14th day of -June, 1907, .dismissing the complaint because of the failure of the, plaintiff to give an undertaking increasing the security given by him upon procun inga warrant of attachment against'thedefendan.t, with notice of an. intention to…
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Appeal by the plaintiff, Gr. Erl win Jones, from a judgment of the Supreme Court, in'favor of the deféndant, entered in the office of the cleric of the county of Hew York on the 17th day of June, 19Ó7, upon an order entered, on the 14th day of -June, 1907, .dismissing the complaint because of the failure of the, plaintiff to give an undertaking increasing the security given by him upon procun inga warrant of attachment against'thedefendan.t, with notice of an. intention to bring up for review upon such appeal an order entered in said clerk’s office on the 22d day of March, 1907, granting the…
1Opinion of the Court
Houghton, J.:
The plaintiff brought action upon contract against the defendant, a nonresident, and obtained a warrant of attachment, and levied upon certain moneys in bank belonging to defendant.
The defendant desired a release of the moneys from the levy of the attachment and filed an undertaking releasing them.
Instead of obtaining an order releasing the levy on such undertaking, her attorneys presented to plaintiff’s attorneys a stipulation for “ discharging the attachment ” according to an annexed order, which order not only provided for a discharge of the levy but vacated the attachment…
2Cases cited4 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Sibley v. SibleyAppellate Division of the Supreme Court of the State of New York · 1902
- Garczynski v. RussellNew York Supreme Court · 1894
- Hawkins v. SmithNew York Supreme Court · 1895
3Cited by9 opinions
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- Gouvakis v. 490 Tenth Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1958
- Banes v. RaineyAppellate Division of the Supreme Court of the State of New York · 1909
- Erlanger v. ErlangerAppellate Terms of the Supreme Court of New York · 1916
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