Legal Opinion

Gutta Percha & Rubber Manufacturing Co. v. Mayor

New York Court of Appeals

Decided January 24, 1888PublishedCited by 29 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial -department, made October 26,1887, which reversed an order of Special Term denying a motion on the part of defendant to vacate an attachment herein and vacating the attachment. The facts so far as material are stated in the opinion.

1Opinion of the CourtEarl, J.

The plaintiff commenced this action against the defendant in the Supreme Court of this state to recover the amount of a judgment rendered in its favor against the defendant in Texas, by a court in that state having jurisdiction of the action. For the purpose of obtaining an attachment against the defendant, an affidavit was made on behalf of the plaintiff in which it was stated, among other things, that the judgment was duly recovered in the Texas court; but there was no allegation in the complaint or statement in the affidavit showing what the judgment was recovered for. The attachment…

2Cases cited6 opinions

  1. O'Brien v. . YoungNew York Court of Appeals · 1884
  2. Chase v. CurtisSupreme Court of the United States · 1885
  3. Clark v. . RowlingNew York Court of Appeals · 1850
  4. Goodrich v. DunbarNew York Supreme Court · 1854
  5. Taylor v. RootNew York Court of Appeals · 1868

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3Cited by29 opinions

  1. Parker v. HoeferNew York Court of Appeals · 1957
  2. Cavers v. Sioux Oil & Refining Co.Texas Commission of Appeals · 1931
  3. Spilde v. JohnsonSupreme Court of Iowa · 1906
  4. Meyer v. BrooksOregon Supreme Court · 1896
  5. Beartooth Stock Co. v. GrosscupMontana Supreme Court · 1920

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