Dorr v. Esders

McLaughlin, J. (dissenting):

Defendant appeals from an order denying a motion to vacate .an attachment for §56,000, which was granted upon the ground of his non residence. The motion to vacate was predicated upon the papers upon which the warrant was granted, which, consisted merely of an affidavit of the plaintiff, an undertaking in the sum of §500, and a copy of the summons. The alleged cause of action as stated in the affidavit is the breach of a contract by which defendant agreed to sell to plaintiff a stock of merchandise consisting of clothing, men’s furnishings, hats and machinery,…