Sprague v. Parsons
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint at the trial. The complaint was dismissed upon the ground that it did not state facts sufficient to constitute a-cause of action. The action was to recover damages sustained by the levy of an attachment in an action brought by defendants against the plaintiff and others in the Supreme Court, which attachment had been vacated.
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Appeal from a judgment of this court entered upon the dismissal of a complaint at the trial. The complaint was dismissed upon the ground that it did not state facts sufficient to constitute a-cause of action. The action was to recover damages sustained by the levy of an attachment in an action brought by defendants against the plaintiff and others in the Supreme Court, which attachment had been vacated. The defendants asked for a dismissal of the complaint for the reason that the allegations of fact in the complaint did not show that the attachment was unauthorized or was irregular. Judgment…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above.]—The allegation of the complaint that the attachment Was wholly illegal and unauthorized by law and the court had no jurisdiction to issue the same and the same was null and void, is a statement of a conclusion of law, and sets forth no facts whatever (Hammond v. Earle, 58 How. Pr. 426).
The allegation that the action in which the attachment was issued was an action against this plaintiff and others to charge them with liability for the debt of the McKillop & Sprague Company, of which corporation it was claimed that the defendants in that suit were trustees,…
2Cases cited3 opinions
- Day v. . BachNew York Court of Appeals · 1881
- Hammond v. EarleNew York Supreme Court · 1880
- Sprague v. ParsonsNew York Court of Common Pleas · 1884
3Cited by2 opinions
- Siegel v. Northern Boulevard & 80th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Hoffman v. TaylorAppellate Terms of the Supreme Court of New York · 1910