Einstein v. Climax Cycle Co.

The motion to set aside the attachment in this action, being made by a junior attaching creditor, must be founded upon a strict legal right, or it cannot be granted. It is not made for *89any irregularity, but upon the claim that the affidavit for the attachment was entirely insufficient to justify a process by which the defendant’s property might be seized in advance of judgment. The affidavit is. made by the assignee of the claim. Two jurisdictional averments were essential to support his application. First, the facts constituting the cause of action, and,- secondly, the non-residence of the…