Thorn v. Alvord
New York Supreme Court
Motion to vacate an attachment.
1Opinion of the CourtGildersleeve, J.
This is a motion to vacate an attachment. The motion is made on the original papers, upon which the attachment was obtained, and is based upon the following grounds, viz.: (1) That the affidavits were insufficient; (2) that an improper measure of damages has been adopted; and (3) that two of the affidavits are irregular. The cause of action is founded upon a promissory note, and the warrant of attachment was obtained on the ground that defendant is a nonresident. The attachment papers consist of the summons and complaint, an affidavit of plaintiff, an affidavit of one Kelly, an affidavit of…
2Cases cited7 opinions
- Penoyar v. . KelseyNew York Court of Appeals · 1896
- Crowns v. VailNew York Supreme Court · 1889
- Ladenburg v. Commercial Bank of NewfoundlandAppellate Division of the Supreme Court of the State of New York · 1896
- Sheldon v. . HaxtunNew York Court of Appeals · 1883
- Rosenzweig v. WoodNew York Supreme Court · 1900
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3Cited by3 opinions
- Jensen v. DorrCalifornia Supreme Court · 1910
- Richard Nathan Corp. v. Mitsubishi Shoji Kaisha, Ltd.District Court, S.D. New York · 1941
- Atkins v. FitzpatrickNew York Supreme Court · 1908