Adam Hat Stores, Inc. v. Lang

Defendants robbed plaintiff’s store and deposited the proceeds of the robbery in a bank. They pleaded guilty of the crime. Plaintiff procured a warrant of attachment and levied on the bank deposit. The sole ground recited in the warrant was the threatened removal by defendants of their property in fraud of creditors. No facts were contained in the papers on which the warrant was issued to support this ground. Defendants moved to vacate the warrant, not on the original papers, but on affidavits containing allegations to contradict plaintiff’s contention. This procedure warranted the receipt of…