Mertz v. Fenouillet
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Theodore Fenouillet, as president of the Syndicat des Proprietaires et Fermiers de Toulon, Ollioules et environs pour le defense de leurs interets Agricoles et la vente des Oignons á fleurs, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of December, 1896, denying .his motion to vacate an' attachment theretofore issued in the action.
1ConcurrenceBarrett, J.
The Code of Civil Procedure makes no provision for an attachment against an unincorporated association sued in the name of its *225president or treasurer under the provisions of section 1919., The attachment which • is authorized by section 635 of the Code is an attachment against the property'(A one or more defendants. These defendants, as specified in section 636, must either be natural persons ' or corporations, and the warrant must run against their property. The execution authorized in an action against the president or treasurer of an unincorporated association runs, not against the…
2Cases cited2 opinions
- Schwartz v. WechlerNew York Court of Common Pleas · 1892
- Hudson v. SpauldingNew York Supreme Court · 1889