Rowles v. Hoare
New York Supreme Court
MOTION to discharge an attachment and to set aside or vacate judgment, and for other relief.
1Opinion of the CourtPotteb, J.
The attachment in this ease was obtained under the provisions of the Code, and the defendant in such case has two methods of proceeding to obtain a discharge of the attachment; one by entering ihto an undertaking to the plaintiff, (after appearance,) to the- effect that he will pay any judgment to be recovered, and this is almost a matter of right. Although application must be made to the officer who issued the attachment, or to the court, for an order, it is still but an ex parte application, (13 Abb. 432; 22 How. Pr. 106;) and if granted, the property attached, and all proceeds of property…
2Cases cited3 opinions
- Dickinson v. BenhamNew York Supreme Court · 1860
- Dickinson v. BenhamNew York Supreme Court · 1860
- Sanborn v. Elizabethport Manufacturing Co.New York Supreme Court · 1861
3Cited by9 opinions
- Capital Ventures International v. Republic of Argentina, No. 05-2591-CvCourt of Appeals for the Second Circuit · 2006
- Lawlor v. Magnolia Metal Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Johnson v. Hardwood Door & Trim Co.New York Supreme Court · 1894
- Reich v. SpiegelNew York Supreme Court · 1955
- Trigo Hnos., Inc. v. Premium Wholesale Groceries, Inc.District Court, S.D. New York · 1976
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