Altworth v. Flynn
Appellate Terms of the Supreme Court of New York
Appeal by judgment creditors of the defendant Flynn from an order of the General Term of the City Court, affirming an order of the Special Term of the City Court, denying a motion to vacate an attachment obtained by the plaintiff against the property of the defendant.
1Opinion of the CourtFreedman, P. J.
On the 14th day of October, 1898, the plaintiff herein obtained an attachment against the property of the defendant upon the ground that the defendant was keeping himself concealed for the purpose of avoiding the service of the summons in this action.
On the same day James McCreery, Thomas Eosevear and James Crawford McCreery, the appellants herein, also obtained an attachment against the property of the said Flynn.
The attaching parties seized the same property, the levy of the plaintiff thereunder being prior to that of the appellants. Subsequently, the appellants obtained a judgment in their…
2Cases cited7 opinions
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Crowns v. VailNew York Supreme Court · 1889
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- Einstein v. Climax Cycle Co.New York Supreme Court · 1896
- Lacker v. DreherAppellate Division of the Supreme Court of the State of New York · 1899
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