Gould v. Bryan
The Superior Court of New York City
This is an appeal by the defendant from an order made by Bosworth, Oh. J., on the 26th of January, 1859, denying defendant’s motion to set aside an attachment against his property, granted in this action on the 17th of January, 1859, by the Chief Justice. The affidavit on which the attachment was granted, stated facts establishing that a cause of action existed in favor of the plaintiff against the defendant, for money lent, and the amount due.
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This is an appeal by the defendant from an order made by Bosworth, Oh. J., on the 26th of January, 1859, denying defendant’s motion to set aside an attachment against his property, granted in this action on the 17th of January, 1859, by the Chief Justice. The affidavit on which the attachment was granted, stated facts establishing that a cause of action existed in favor of the plaintiff against the defendant, for money lent, and the amount due. It appeared thereby that the defendant was not a resident of the State of New York, and it contained various allegations of fact tending to show, that…
1Opinion of the Court
Bosworth, Ch. J.
—“ In an action for the recovery of money,” the property of a non-resident defendant may be attached. (Code, § 227.)
The affidavit on which the warrant may be issued, need only state enough to make it thereby appear, “that a cause of action exists against such defendant, specifying the amount of the claim, and the grounds thereof,” and that the defendant “is not a resident of this state.” (Code, § 229.)
The affidavit in question states all this, and therefore is sufficient in form. If the Court now has jurisdiction of the action, and of the person of the defendant, and had when…
2Cases cited1 opinion
- Fisher v. CurtisThe Superior Court of New York City · 1849