Morgan v. Avery
New York Supreme Court
This was a motion to set aside two attachments which had been issued against the defendant on affidavits alledging that he was indebted to the plaintiff and had departed from the state with intent to defraud his creditors. It appeared that the defendant was a wholesale grocer in the city of New-York, doing business to the amount of about $300,000 a year.
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This was a motion to set aside two attachments which had been issued against the defendant on affidavits alledging that he was indebted to the plaintiff and had departed from the state with intent to defraud his creditors. It appeared that the defendant was a wholesale grocer in the city of New-York, doing business to the amount of about $300,000 a year. About four years ago he had failed in business, and had compromised with his creditors, and among others with the plaintiffs, who had given him a letter of license which ran out in August, 1849. At that time he was unable to pay the debt…
1Opinion of the CourtEdmonds, J.
The first objection which is to be considered on this motion is that made on the part of the plaintiff, that the defendant can not have redress on a special motion, but only by appeal. The only mode in which an appeal could be available; *658would be by regarding the attachment as an order, and requiring it to be entered with the cleric pursuant to § 350 of the code. This view is sanctioned by § 349, which allows an appeal from an order made by a single judge when it grants or refuses a provisional remedy.
The provisional remedies provided by the code are four; arrest and bail, claim and delivery…
2Cases cited5 opinions
- Smith v. LuceNew York Supreme Court · 1835
- M'Queen v. Middle-town Manufacturing Co.New York Supreme Court · 1819
- In re FitchNew York Supreme Court · 1829
- Lenox v. HowlandNew York Supreme Court · 1805
- Lenox v. HowlandNew York Supreme Court · 1805
3Cited by19 opinions
- White v. JohnsonOregon Supreme Court · 1895
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- Montgomery v. TuttCalifornia Supreme Court · 1858
- In re GriswoldNew York Supreme Court · 1851
- President & Directors of the Bank of Commerce v. Rutland & Washington RailroadNew York Supreme Court · 1854
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