Haebler v. . Bernharth
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Mew York, made April 16, 1889, which affirmed an order of the Special Term vacating an attachment at the instance of subsequent attaching creditors. The nature of the action and the material facts appear in the opinion. The papers on which the attachment was granted showed the existence of a cause of action of a kind in which attachment is permitted. (Code Civ.
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Appeal from order of the General Term of the Superior Court of the city of Mew York, made April 16, 1889, which affirmed an order of the Special Term vacating an attachment at the instance of subsequent attaching creditors. The nature of the action and the material facts appear in the opinion. The papers on which the attachment was granted showed the existence of a cause of action of a kind in which attachment is permitted. (Code Civ. Pro. §§ 636, 3343, subd. 11; Palmer v. Hussey, 59 N. Y. 647; Crandall v. McKaye 6 Hun, 483.) Omission to file the complaint with the affidavit within the…
1Opinion of the CourtAndrews, J.
The general rule that no appeal lies to this court from an order of the General Term, vacating an attachment, notwithstanding there was jurisdiction to grant the writ upon the papers presented on the application therefor, does not in reason apply where the attachment is vacated on the motion of a subsequent attaching creditor or lienor. The. general rule proceeds on the ground that a plaintiff in an action has "no absolute, legal right in any case to the issuance of an attachment against the property of a defendant. The court or officer to whom an application for an attachment is made may…
2Cases cited1 opinion
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
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