In re Gilbert
New York Supreme Court
Motion to set aside attachment against property of an absent debtor. The motion is founded on the defect in the application for the attachment, in omitting to state that the demand of the creditors “ arose upon contract, or upon a judgment or decree rendered within this state.”
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Motion to set aside attachment against property of an absent debtor. The motion is founded on the defect in the application for the attachment, in omitting to state that the demand of the creditors “ arose upon contract, or upon a judgment or decree rendered within this state.” The affidavits on which the attachment was procured were filed by the commissioner granting the attachment in the clerk’s office at Utica, on the 25th July last, but the order made by him for the debtor to appear, does not expire until the 2d March next. In opposition to the motion it was urged that the court had not…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This is a motion to set aside the attachmect issued in this case, on the ground that the application to the commissioner does not state that the indebtedness to the attaching creditors arose “ upon contract, or upon a judgment or a decree rendered within this state.” By the statute, no other than such a creditor can make an application for an attachment, and it has recently been decided that the application must state the nature of the indebtedness, and how it arose. In the matter of Hollingshead, 6 Wendell, 553. Under the former statutes, it was only required to be…
2Cases cited1 opinion
- In re HollingsheadNew York Supreme Court · 1831
3Cited by1 opinion
- In re MartyNew York Supreme Court · 1848