Legal Opinion

Penoyar v. . Kelsey

New York Court of Appeals

Decided October 6, 1896PublishedCited by 57 opinions

Appeal from order of the Appellate Division of the Supreme Court in the fourth judicial department, made March 14, 1896, which affirmed an order of Special Term vacating an attachment issued against the property of the defendants.

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Appeal from order of the Appellate Division of the Supreme Court in the fourth judicial department, made March 14, 1896, which affirmed an order of Special Term vacating an attachment issued against the property of the defendants. The appeal was allowed and a question certified for determination by an order of the Appellate Division in the following form, viz.: “ That an appeal to the Court of Appeals may be taken from the order and determination of this court heretofore and on the 14tli day of March, 1896, made in this action, affirming an order heretofore and on the 26th day of December,…

1Opinion of the CourtVarn, J.

The question certified to us for determination depends upon the construction of section 636 of the Code of Civil Procedure, which prescribes “ what must be shown to procure ” a warrant of attachment against property. The learned counsel for the respective parties differ as to the rule of construction that should be applied, the one contending that it should be strict, because the provision is in derogation of the common law, while the other insists that it should be liberal, because the statute does not derogate from the common law, but merely amplifies a well-known common-law remedy. The…

2Cases cited2 opinions

  1. Bond v. WardMassachusetts Supreme Judicial Court · 1810
  2. Rosenplaenter v. . RoessleNew York Court of Appeals · 1873

3Cited by57 opinions

  1. Ledgebrook Condominium Assn., Inc. v. Lusk CorporationSupreme Court of Connecticut · 1977
  2. Earl R. Baxter, Willeyne Baxter, Lynn O. Muse, Richard L. King and W. K. Cash v. United Forest Products Co., Inc.Court of Appeals for the Eighth Circuit · 1969
  3. Grimmett v. BarnwellSupreme Court of Georgia · 1937
  4. Peo. Ex Rel. Hannan v. . Board of HealthNew York Court of Appeals · 1897
  5. Ashland Oil, Inc. v. GleaveDistrict Court, W.D. New York · 1982

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