Van Dyke v. New York State Banking Co.
New York Supreme Court
Motion by. an order to show cause why an order should not be made “ vacating and setting aside the proceedings in replevin in this action and the affidavit, requisition and undertaking therein on the ground that said proceedings are void; that there is no sufficient affidavit or proof to confer jurisdiction, etc., and on the further ground that no chattels are described in said affidavit or schedule annexed with sufficient accuracy to enable the sheriff or any other person…
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Motion by. an order to show cause why an order should not be made “ vacating and setting aside the proceedings in replevin in this action and the affidavit, requisition and undertaking therein on the ground that said proceedings are void; that there is no sufficient affidavit or proof to confer jurisdiction, etc., and on the further ground that no chattels are described in said affidavit or schedule annexed with sufficient accuracy to enable the sheriff or any other person to take any goods from the possession ” of the defendants.
1Opinion of the CourtHiscock, J.
The specific defects relied upon by defendants upon the argument of this motion were the alleged failure of plaintiff’s affidavit in replevin to comply with the requirements of sections 1695 and 1712, Code, by, first, disclosing whether the agent and attorney making the same did so upon personal knowledge or upon information and belief, and in the latter event in not stating the sources of information and belief; and, second, *662by containing a proper and adequate description of the chattels to be taken by the sheriff.
It is insisted by plaintiff that the first defect is not available to…
2Cases cited3 opinions
- Stone v. PrattNew York Supreme Court · 1895
- Depew v. LealThe Superior Court of New York City · 1855
- Kloh v. New York Fertilizer Co.New York Supreme Court · 1895
3Cited by5 opinions
- Northwest Engineering Co. v. RapplNew York Supreme Court · 1928
- Devoe v. SeligCity of New York Municipal Court · 1898
- Croker Fire Prevention Corp. v. JacobsAppellate Division of the Supreme Court of the State of New York · 1932
- Thorn v. LazarusAppellate Division of the Supreme Court of the State of New York · 1899
- Brenker v. DlattCity of New York Municipal Court · 1909