Sartwell v. . Field
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term which denied a motion to vacate an attachment, and vacating such attachment. The facts sufficiently appear in the opinion. The evidence presented to an officer upon an application for an attachment must show a clear prima facie case within some of the provisions of section 229 of the Code. (Mott v. Lawrence, 17 How.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term which denied a motion to vacate an attachment, and vacating such attachment. The facts sufficiently appear in the opinion. The evidence presented to an officer upon an application for an attachment must show a clear prima facie case within some of the provisions of section 229 of the Code. (Mott v. Lawrence, 17 How. Pr., 559; O’Reily v. Friel, 37 id., 272; Frank, v. Levi, 5 Robt., 599; Danzer v. Munday, id., 636; Skiff v. Stewart, 39 How. Pr., 385; Hill v. Bond, 22…
1Opinion of the CourtEarl, J.
An attachment was granted in this case by the special county judge of Oneida county. The Special Term of the Supreme Court denied the motion of defendant to set aside the attachment, and upon appeal to the General Term the Special Term order was reversed and the attachment was set aside. The question to be determined by us is, whether we will interfere with the decision of the General Term ?
Preliminary injunctions, attachments and orders of arrest are provisional remedies provided by the Code which a plaintiff, in a proper case, may resort to before judgment, that the object of his action may…
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- Donovan v. CornellNew York Court of Common Pleas · 1885
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