Furman v. Walter
New York Supreme Court
Motions by the defendant to set aside attachments issued in these actions. The affidavits on which the attachment in the first above action was granted, were those of the plaintiff Furman, and of the deputy sheriff J. T. Easton.
Read the full summary
Motions by the defendant to set aside attachments issued in these actions. The affidavits on which the attachment in the first above action was granted, were those of the plaintiff Furman, and of the deputy sheriff J. T. Easton. Easlon stated, in his affidavit, that he had a conversation with the defendant about the first of April, 1866, in which the defendant told him that he was going to Kansas, which deponent believed to be true; that the defendant had not been seen since the night of such conversation, in the village of Canajoharie, where he resided; and that he (Easton) had no doubt that…
1Opinion of the Court
Paige, Justice.
On these motions three questions arise. 1st. Whether the original affidavits on which the attachments were issued, are sufficient to sustain them 1 2d. Whether the plaintiffs can, on these motions, read supplemental affidavits in support of such attachments, or move to amend the original affidavits by supplying the defects therein 1 And, 3d. Whether the defendant, having parted with all interest in the property attached, is at liberty to make a motion to set aside the attachment 1
1st. Are the original affidavits sufficient to sustain the attachments'? The attachments were…
2Cases cited10 opinions
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Cunningham v. BucklinNew York Supreme Court · 1828
- Johnson v. MossNew York Supreme Court · 1838
- Hard v. ShipmanNew York Supreme Court · 1849
- Morgan v. AveryNew York Supreme Court · 1850
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wolfe v. GoulardNew York Supreme Court · 1859
- Congress and Empire Spring Co. v. High Rock Congress Spring Co.New York Supreme Court · 1867
- Sulzbacher v. J. Cawthra & Co.New York Court of Common Pleas · 1895
- Brewer v. TuckerThe Superior Court of New York City · 1861
- Gasherie v. AppleThe Superior Court of New York City · 1861
3 more not listed; retrieve them via the Exa API.