C. Tennant Sons & Co. v. New Jersey Oil & Meal Co.

This is a motion made by a trustee in bankruptcy of defendant to vacate a warrant of attachment which was discharged by giving an undertaking executed by a surety company to discharge the same. The defendant moves to vacate upon the ground that the papers are insufficient upon their face to sustain the warrant in that they fail to show facts to justify the court in arriving at the *498conclusion that any damage was sustained (the action being for breach of contract and the damages unliquidated.), and that under the Bankruptcy Act, section 67, the lien was obtained within four months of the…