Buell v. . Van Camp
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made June 21, 1889, which reversed an order of Special Term vacating an attachment. The facts are sufficiently stated in the opinion. To authorize the bank to make a motion to vacate the. attachment it must show that it had “ acquired a lien upon or interest in the defendant’s property after it was attached by the plaintiffs;” this it did do (Code Civ.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made June 21, 1889, which reversed an order of Special Term vacating an attachment. The facts are sufficiently stated in the opinion. To authorize the bank to make a motion to vacate the. attachment it must show that it had “ acquired a lien upon or interest in the defendant’s property after it was attached by the plaintiffs;” this it did do (Code Civ. Pro. §§ 636, 682, 1216, 1246, 1370; S. C. Bank v. Alberger 75 N. Y. 179 ; T. P. Co. v. Hart, 85 id. 500.) To procure an attachment for breach of…
1Opinion of the CourtEarl, J.
This is an appeal from an order of the General Term reversing a Special Term order, which set aside plaintiffs’ attachment granted by a county judge, on a motion made by the Orleans County Bank, a subsequent judgment creditor of Van Camp.
Upon its motion at the Special Term, the bank used some affidavits ; but in its notice of motion it was expressly stated that “ the court will be asked to vacate the attachment upon the papers upon which it was granted by the county judge, and that the other papers will be read only for the purpose of showing its right to make the motion.” The plaintiffs…
2Cited by29 opinions
- Matter of Whitman. No. 1New York Court of Appeals · 1918
- Matter of Peck v. . CargillNew York Court of Appeals · 1901
- People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896
- Van Camp v. . SearleNew York Court of Appeals · 1895
- Swiss Bank Corp. v. EatessamiAppellate Division of the Supreme Court of the State of New York · 1966
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