Kirby v. Colwell
New York Supreme Court
Appeal from special term. Action by William W. Kirby against Charles R. Colwell and Laura R. Colwell to recover for services. From an order vacating and setting aside an attachment, plaintiff appeals. Reversed.
1Opinion of the CourtBrown, P. J.
This action was brought to recover for alleged services rendered by the plaintiff for the defendants. The defendants were residents of the state of New Jersey, and upon that ground an attachment was granted. The motion to vacate the attachment was based solely upon the ground that the plaintiff had no cause of action against the defendants, and the affidavits presented to the court in support of that motion denied the making of the contract or the rendition of the services which were the basis of the plaintiff’s claim. The plaintiff read affidavits in support of his claim, and upon all the…
2Cases cited3 opinions
- Johnson v. Hardwood Door & Trim Co.New York Supreme Court · 1894
- Brown v. WigtonNew York Supreme Court · 1892
- Lowenstein v. SalingerNew York Supreme Court · 1891
3Cited by4 opinions
- Newell v. WhitwellMontana Supreme Court · 1895
- Chambers & McKee Glass Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1896
- Schultz v. Brackett Bridge Co.New York Supreme Court · 1901
- Aspell Wholesale Grocery Co. v. MeekerCity of New York Municipal Court · 1907