Bloomingdale v. Cook
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William P. Cook (the name “ William ” being fictitious, the real name of said defendant being unknown to plaintiff) and John Doe (the name “John Doe” being fictitious, the real name of said defendant being unknown to plaintiff), composing the firm of W. P. Cook & Bro., from an order of the Supreme Court,- made at the Kings County Special Term and entered in the office of the clerk of the 'county of Kings on the 16th day of July, 1898, denying the…
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Appeal by the defendants, William P. Cook (the name “ William ” being fictitious, the real name of said defendant being unknown to plaintiff) and John Doe (the name “John Doe” being fictitious, the real name of said defendant being unknown to plaintiff), composing the firm of W. P. Cook & Bro., from an order of the Supreme Court,- made at the Kings County Special Term and entered in the office of the clerk of the 'county of Kings on the 16th day of July, 1898, denying the defendants’ motion to vacate a warrant of attachment obtained against them upon the ground that they were non-residents.
1Opinion of the Court
Woodward, J. :
The motion to vacate the attachment was made upon the papers, and was based upon two defects, only one of which is necessary to be considered at this time. It is contended that the affidavit on which the warrant of attachment was issued was defective, in that it failed to state the facts necessary to show the court that the plaintiff is entitled to recover the amount claimed, as required by section 636 of the Code of Civil Procedure, which reads as follows: “ 1. That one of the causes of action specified in the last section exists against the defendant. If the action is to…
2Cases cited2 opinions
- Thorington v. . MerrickNew York Court of Appeals · 1885
- Haskell v. OsbornAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by6 opinions
- Vesey v. DriscollSupreme Court of New Jersey · 1944
- Barnes v. GossAppellate Division of the Supreme Court of the State of New York · 1904
- Chazy Marble Lime Co. v. DeelyAppellate Division of the Supreme Court of the State of New York · 1903
- Chazy Marble Lime Co. v. DeelyAppellate Division of the Supreme Court of the State of New York · 1903
- Foster v. ScurichNew York Supreme Court · 1899
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