Everitt v. Park
New York Supreme Court
Appeal from special term, Chemung county. Action by Jacob L. Everitt against Walter W. Park. From an order denying a motion to vacate an order which vacated a warrant of attachment, plaintiff appeals. On the 14th of February, 1894, the county judge of Chemung county, upon the application of the plaintiff, granted an attachment against the property of the defendant, on the ground that he was a nonresident.
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Appeal from special term, Chemung county. Action by Jacob L. Everitt against Walter W. Park. From an order denying a motion to vacate an order which vacated a warrant of attachment, plaintiff appeals. On the 14th of February, 1894, the county judge of Chemung county, upon the application of the plaintiff, granted an attachment against the property of the defendant, on the ground that he was a nonresident. On the 2d of March, 1894, the county judge, on the application of the defendant, without notice to plaintiff, vacated the attachment, on the grounds, as stated in the order, that the papers…
1Opinion of the CourtMerwin, J.
It is not claimed by the defendant that the ground secondly stated in the order of the county judge is available. The only question, then, is as to the sufficiency of the affidavits on which the attachment was granted, on the subject of the nonresidence of the defendant.
It was stated in the affidavit of the plaintiff as follows:
“Deponent further says that the defendant, Walter W. Park, is not a resident of the state of New York, and that he resides at Forest City, in the state of Pennsylvania. Deponent states the residence' of said defendant upon information received by deponent from the…
2Cases cited3 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Loeser v. RosmanNew York Supreme Court · 1890
- Steel v. RaphaelNew York Supreme Court · 1891
3Cited by2 opinions
- Coakley v. RickardAppellate Division of the Supreme Court of the State of New York · 1910
- Evans v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1908