New-York & Erie Bank v. Codd
New York Supreme Court
Present, Bowen, P. J., Bacon and Greene, JJ. Appeal from an order made at chambers on the following facts:— On the 14th day of November, 1854, a motion was made before Justice Greene, at chambers, for an attachment against the defendant, on the ground that he had departed from the state, with intent to defraud his creditors,.or to avoid the service of a summons, or that he kept himself concealed within the state with the like intent.
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Present, Bowen, P. J., Bacon and Greene, JJ. Appeal from an order made at chambers on the following facts:— On the 14th day of November, 1854, a motion was made before Justice Greene, at chambers, for an attachment against the defendant, on the ground that he had departed from the state, with intent to defraud his creditors,.or to avoid the service of a summons, or that he kept himself concealed within the state with the like intent. In support of the motion, the plaintiff read two affidavits, upon which a warrant of attachment was issued, on that day. On the 21st day of November, a motion…
1Opinion of the Court
Greene, Justice.
By the court
Three questions arise on this motion:—. 1st. Did the affidavits upon which the warrant was first issued, contain facts sufficient to give the officer jurisdiction, and to authorize the issuing of the warrant I
2d. If those affidavits were sufficient for those purposes, has the defendant a right to disprove the facts alleged in them by counter affidavits 1 and,
3d. If the defendant may read counter affidavits on this motion, can the plaintiff read new affidavits, either for the purpose of fortifying the grounds on which the right to the attachment is predicated in the…
2Cases cited1 opinion
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
3Cited by2 opinions
- Dickinson v. BenhamNew York Supreme Court · 1860
- Houghton v. AultNew York Supreme Court · 1858