Legal Opinion

Nat'l S. L. Bk., N.Y. v. . Mec. Nat'l Bk., N.J.

New York Court of Appeals

Decided June 20, 1882Published

1Opinion of the Court

The orders appealed from affirmed orders of the Special Term vacating attachments issued before judgment against the property of the defendant. They relate to the mode of procedure, do not affect the merits of the action, and to some extent involve the exercise of discretion. It has therefore been the frequent practice of this court to dismiss an appeal in such cases (Sartwell v. Field, 68 N.Y. 341; Wallace v. Castle, id. 370), and that practice, for reasons stated in Van Slyke v.Hyatt (46 N.Y. 259); Anonymous (59 id. 313); Martin v.Windsor Hotel Co. (70 id. 101), must be followed in this…

2Cases cited9 opinions

  1. Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872
  2. Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
  3. Van Slyke v. . HyattNew York Court of Appeals · 1871
  4. Tracy v. . First National Bank of SelmaNew York Court of Appeals · 1868
  5. In re GriswoldNew York Supreme Court · 1851

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