Cremins v. East Lake Woolen Co.
New York Supreme Court
Action by James Cremins against the East Lake Woolen Company. Plaintiff moves for leave to file an affidavit nunc pro tunc in support of an attachment, which had been set aside. Denied.
1Opinion of the CourtLawrence, J.
This is a motion made on behalf of the plaintiff for leave to file an affidavit nunc pro tunc showing that the plaintiff was a resident of this state at the time the attachment issued herein was granted. It appears that the attachment was *203granted against a foreign corporation, and that the affidavits upon which it was granted did not show that the plaintiff was either a resident of the state, or that the cause of action accrued within the state. Under such circumstances it would appear that the court had no jurisdiction (Code Civ. Proc. § 1780; Ladenburg v. Bank, 87 Hun, 274, 33 N. Y. Supp.…
2Cases cited3 opinions
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Sulzbacher v. J. Cawthra & Co.New York Court of Common Pleas · 1895
- Adler v. Order of American Fraternal Circle of Baltimore CityNew York Supreme Court · 1892