Barnes v. Buck
New York Supreme Court
Appeal from an order of the Allegany Special Term, setting aside an order of attachment. The court, in affirming the order below, adopted the following opinion there given by Lamont, J. The facts are therein stated.
1Opinion of the Court
Present — Marvin, Barker and Lamont, JJ.
By the Court
Lamont, J.
This is an action founded on an Alleged breach of promise of marriage. The defendant is not a resident of the State. The plaintiff obtained an attachment against defendant’s property, and now the latter moves to set it aside, upon the ground that no warrant of attachment can be *269issued in such an action by the provisions of the Code. The reported cases have exhibited a wide difference of opinion upon the proper construction of those provisions of the Code, relating to the issuing of attachments. At present, however, the principal…
2Cases cited5 opinions
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Mary Lucinda Bosley v. Margaret E. WyattSupreme Court of the United States · 1853
- White v. WhiteNew York Supreme Court · 1849
- Very v. WatkinsSupreme Court of the United States · 1860
3Cited by5 opinions
- Kelley v. HighfieldOregon Supreme Court · 1887
- Price v. . CoxSupreme Court of North Carolina · 1880
- Wade v. KalbfleischNew York Court of Appeals · 1874
- Coats v. ArthurSouth Dakota Supreme Court · 1894
- Wade v. KalbfleischNew York City Court · 1873