Corn Exchange Bank v. Bossio
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bartolomé Martinez Bossio, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of June, 1896, as denies his motion to vacate a warrant of attachment issued against him on the 7th day ■of December, 1895.
1Opinion of the Court
Per Curiam :
It is conceded that the first attachment, namely, that of December 7, 1895, fell because of the failure to serve the summons as required by law. Upon the 14th day of May, 1896, the defendant ■served papers upon a motion to vacate this attachment, specifying as one of the grounds of the motion that the terms of the order of publication had not been complied with. Upon the 15th day of May, 1896, the plaintiff’s attorneys notified the defendant’s attorneys .and the sheriff that the plaintiff withdrew the attachment. Still later, on May 19, 1896, the sheriff returned the attachment…
2Cases cited1 opinion
- Blossom v. . EstesNew York Court of Appeals · 1881
3Cited by3 opinions
- Friede v. WeissenthannerAppellate Terms of the Supreme Court of New York · 1899
- American Audit Co. v. Industrial Federation of AmericaAppellate Division of the Supreme Court of the State of New York · 1903
- Fisher v. NashAppellate Division of the Supreme Court of the State of New York · 1900