Knox v. Mason
The Superior Court of New York City
This is an appeal from an order of Mr. Justice G-abvin, setting aside an attachment in this action against the property of Mason as a non-resident. The motion below was to vacate the attachment on two grounds, viz: 1st. Irregularity; the plaintiffs having failed to cause the affidavits on which attachment was granted to be filed in the county clerk’s office of Kew York. 2d. The action is one in which by the Code an attachment cannot be granted.
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This is an appeal from an order of Mr. Justice G-abvin, setting aside an attachment in this action against the property of Mason as a non-resident. The motion below was to vacate the attachment on two grounds, viz: 1st. Irregularity; the plaintiffs having failed to cause the affidavits on which attachment was granted to be filed in the county clerk’s office of Kew York. 2d. The action is one in which by the Code an attachment cannot be granted. The attachment was granted August 5,1864. The defendant is a non-resident of this state. The attachment was granted on that ground. By the complaint…
1Opinion of the Court
Robertson, Ch. J.
The authority to plaintiffs to procure the attachment of the property of defendants is contained in the first three sections of the fourth chapter of that title of the Code which relates to provisional remedies, (227, 228 and 229.) They define the action in which, and the classes of defendants of whom, the property may be attached, and prescribe the officers by whom, and the evidence on which, process to attach must be issued. The first and third of those sections limit the classes of defendants whose property may be attached, to foreign corporations, non-residents, persons…
2Cases cited5 opinions
- Molony v. DowsNew York Court of Common Pleas · 1859
- Hernstien v. MatthewsonNew York Supreme Court · 1850
- Ackroyd v. AckroydNew York Supreme Court · 1860
- Gordon v. GaffeyNew York Supreme Court · 1859
- Floyd v. BlakeNew York Supreme Court · 1860
3Cited by1 opinion
- Barry v. FisherNew York Supreme Court · 1870