Hoormann v. Climax Cycle Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick C. Hoormann, from an order of the Supreme Court, made at the New York Special Terra-and, entered in the office of the clerk of the county of Nqw York on the 26,tli day of August, .1896, granting a. .motion made by George Sehubaeh, a junior attaching creditor, to vacate the plaintiff’s, attachment against the defendant, because of the insufficiency- of the affidavit upon which the attachment was granted.
1Concurrence
Barrett, J. (concurring):
The requirements of section 636 of the Code of Civil Procedure are neither technical nor formal. The right to attach on mesne process is an extraordinary power given by statute against common right, and no title can be acquired by its exercise except upon strict compliance- with the terms of the statute. (Ency. of Pl. & Pr. Vol. 3, p. 3, and numerous cases there-cited.) By strict compliance is undoubtedly meant substantial compliance. But mere formal compliance will not answer. One of these substantial requirements is that the plaintiff must show by affidavit, to the…
2Cases cited4 opinions
- Murphy v. . JackNew York Court of Appeals · 1894
- Tim v. . SmithNew York Court of Appeals · 1883
- Ladenburg v. Commercial Bank of NewfoundlandAppellate Division of the Supreme Court of the State of New York · 1896
- People Ex Rel. Cook v. BeckerNew York Court of Appeals · 1859