Self-Service Sales Corp. v. Heinz

This case raises the narrow issue of whether, after the granting of a prejudgment remedy ex parte, the court, at the hearing on the motion to dissolve the attachment, must determine the question solely on the basis of the sufficiency of probable cause in the supporting affidavit or on the basis of the affidavit and all of the evidence adduced at the hearing.

The plaintiff, Self-Service Sales Corporation, and the defendants Curtiss H. Heinz and Ellen A. Heinz allegedly entered into a contract whereby the plaintiff agreed to supply amusement devices and cigarette vending machines to the Heinzes’…