Ross v. Ingersoll
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Robert H. Ingersoll and another, from an amended judgment of the Sirpreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York nunc pro tunc as of the 7th day of January, 1898, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an intermediate order entered on the 1st day of October, 1891, overruling the defendants’ demurrer to the complaint, and also an order…
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Appeal by the defendants, Robert H. Ingersoll and another, from an amended judgment of the Sirpreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York nunc pro tunc as of the 7th day of January, 1898, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an intermediate order entered on the 1st day of October, 1891, overruling the defendants’ demurrer to the complaint, and also an order entered on the 17th day of April, 1894, denying the defendants’ motion to compel the plaintiff Ross to make and serve a…
1Opinion of the Court
Pee Curiam :
This is an action brought under section 677 of the Code of Civil Procedure, which authorizes the plaintiff in an attachment suit, jointly with the sheriff, to bring an action to recover a demand attached. To entitle the plaintiff to recover in such an action, it is necessary for him to prove a valid attachment. The warrant of attachment which lies at the foundation of this action was issued out of the City Court of New York. The complaint alleged that such an attachment was duly issued, and, therefore, under the requirements of section 532 of the Code, that allegation was…
2Cases cited4 opinions
- Frees v. . FordNew York Court of Appeals · 1852
- Waffle v. GobleNew York Supreme Court · 1868
- Ford v. BabcockCourt for the Trial of Impeachments and Correction of Errors · 1845
- Beaudrias v. HoganAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Heydemann v. Westinghouse Electric Mfg. Co.Court of Appeals for the Second Circuit · 1936
- Friedman v. PrescettiAppellate Division of the Supreme Court of the State of New York · 1922
- City of New York v. Staten Island Midland Railway Co.New York Supreme Court · 1920
- Rogers v. IngersollAppellate Division of the Supreme Court of the State of New York · 1905
- Rogers v. IngersollAppellate Division of the Supreme Court of the State of New York · 1905