Campbell v. Emslie
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John A. Campbell and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 13th day of July, 1906, vacating an attachment herein upon the papers upon which it was granted.
1Opinion of the Court
Clarke, J.:
It appears from the opinion of the learned court at Special Term that the ground for setting aside the warrant of attachment herein upon the papers upon which the same was granted was, first, that it was not set forth in said papers, as required by subdivision 2 of section 636 of the Code of Civil Procedure, that the defendant is not a resident of the State. The moving affidavit alleges : “ That the *386defendant herein, James Emslie, is a resident of the State of New Jersey, and carries on liis business at Weehawken in said State of New Jersey, and has no business in the State of New…
2Cases cited3 opinions
- Stewart v. LymanAppellate Division of the Supreme Court of the State of New York · 1901
- Steele v. R. M. Gilmour Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Campbell v. EmslieAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Geduld v. BaltimoreAppellate Terms of the Supreme Court of New York · 1911