Hilborn v. Pennsylvania Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,- the Pennsylvania Cement Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of March, 1911, denying the defendant’s motion to vacate a warrant of attachment.
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Appeal by the defendant,- the Pennsylvania Cement Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of March, 1911, denying the defendant’s motion to vacate a warrant of attachment. Appeal by the plaintiff, Edwin Hilbom, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of April, 1911, denying the plaintiff’s motion to resettle the order entered herein on the 22d day of March, 1911.
1Opinion of the Court
Ingraham, P. J.:
There was presented to a justice of the Supreme Court the summons and complaint and an affidavit of one Hilbom, and upon that complaint and affidavit a warrant of attachment was granted under which the sheriff has levied upon certain property, of the defendant. Subsequently the defendant appeared in the action, and upon an affidavit of the defendant’s president, which stated the issuing of the summons and complaint, the granting of the attachment on March 1, 1911 the appearance on the same day of the defendant; that an undertaking had been given discharging the attachment;…
2Cases cited1 opinion
- Douglass v. WilkesonNew York Supreme Court · 1831
3Cited by4 opinions
- California Packing Corp. v. Kelly Storage & Distributing Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Grassi v. La Sociedad Bancaria Del ChimborazoAppellate Division of the Supreme Court of the State of New York · 1925
- Cutler v. AllavenaAppellate Division of the Supreme Court of the State of New York · 1914
- Girolamo v. HymanAppellate Division of the Supreme Court of the State of New York · 2002