Steel v. Raphael
New York Supreme Court
Appeal from special terra, New York county. Action by Edward T. Steel, Henry M. Steel, and-William G. Steel against Philip Raphael and Joseph Lewenberg. Defendants appeal from an order denying a motion to vacate a warrant of attachment in the action, made by them on the ground of the insufficiency of the papers on which the attachment was granted.
1Opinion of the CourtVan Brunt, P. J.
We would not have considered the appeal herein worthy of much consideration had not the respondents thought it necessary to urge in support of the order appealed from that, because the Code provides that the plaintiff “must show by affidavit, to the satisfaction of the judge,” that the jurisdictional fact exists, and thus the sufficiency of the allegations being left to the discretion of the judge, and the determination of the sufficiency of such allegations resting in discretion, such sufficiency is not a matter properly reviewable upon appeal. It would seem- that the respondents’ counsel…
2Cited by1 opinion
- Everitt v. ParkNew York Supreme Court · 1895