Smith, Perkins & Co. v. Wilson
New York Supreme Court
Appeal from Monroe county court. Action by Smith, Perkins & Co. against Milon F. Wilson and Henry E. Smith. From an order denying a motion to set aside a warrant of attachment, defendants appeal. Affirmed.
1Opinion of the CourtBradley, J.
The objections made to the warrant of attachment- are (1) that it fails to state the ground upon which it was issued; (2) that the affidavits are insufficient to authorize or support it. The recital in the attachment, of the grounds, is that *213“the said defendants have assigned, disposed of, or secreted their property, with intent to defraud their creditors.” It is said that this alternative statement does not specify which of the causes so recited is the one upon which the process was issued, and therefore the requirement of the statute in that respect is not observed. (Jode Civ. Proc. § 641.…
2Cases cited4 opinions
- Cronin v. CrooksNew York Supreme Court · 1894
- Dintruff v. TuthillNew York Supreme Court · 1892
- Rothschild v. MooneyNew York Supreme Court · 1891
- Garson v. BrumbergNew York Supreme Court · 1894
3Cited by2 opinions
- Sturz v. FischerNew York Supreme Court · 1896
- Herzberg v. BoiesenCity of New York Municipal Court · 1897