Hernstien v. Matthewson
New York Supreme Court
On an affidavit setting forth that this was an action for a tort and not arising on contract, against a non resident defendant against whom, an attachment had issued, and who had refused to appear in the suit except for the purposes of this motion,
1Opinion of the Court
Edmonds, Justice.
It is true the Code has allowed an attachment to issue against a non resident defendant, in every action whether for a wrong or on contract, but unfortunately has provided no mode in which such a suit can he commenced or carried to judgment. Under the Revised Statutes in such cases,-the attachment was the commencement of a suit and on that judgment might he perfected. But under the Code there is but one mode of commencing a suit and that is by serving a summons, the attachment not being allowed any longer to be a mode of commencing a suit.
Section 227 allows an attachment to…
2Cited by4 opinions
- Gordon v. GaffeyNew York Supreme Court · 1859
- Shaffer v. MasonNew York Supreme Court · 1865
- Floyd v. BlakeNew York Supreme Court · 1860
- Knox v. MasonThe Superior Court of New York City · 1865