Buell v. Van Camp
New York Supreme Court
Appeal from special term, Erie county. Action by George C. Buell and others against Benjamin F. Van Camp. An attachment procured by plaintiffs was vacated on the motion of the Orleans County National Bank. The motion to vacate was made in the form of notice of motion on the papers used in obtaining the attachment. Plaintiffs appeal.
1Opinion of the CourtMacohber, J.
The motion to vacate the attachment which had been procured by the plaintiff's was made ostensibly upon the papers upon which such order of attachment had been granted. The moving party, however, was not content, in making this motion, to confine the facts alleged in his affidavit to the mere formal parts of the motion. On the hearing of the motion, after the reading of the moving affidavits to set aside the attachment, the plaintiffs’ counsel, claiming that the moving party had introduced new matter, produced and offered to read affidavits in support of the original order of attachment. This…
2Cited by1 opinion
- Buell v. Van CampNew York Supreme Court · 1889