Atkins v. Fitzpatrick

This is an application, made upon the affidavits of the defendant and his attorney and upon the papers on which a warrant of attachment was issued, to vacate the warrant of attachment and all proceedings thereunder. The grounds of the motion as stated in the affidavits are that in the papers in which the warrant was issued the plaintiff has failed to state facts sufficient to constitute a cause" of action •against the defendant, that even assuming that a cause of action has been sufficiently alleged it is not one in which a warrant of attachment can issue, and that the plaintiff is himself a…