MacDonald v. Kieferdorf
New York Court of Common Pleas
Appeal from special term. Action by Nellie MacDonald against Frederick F. Kieferdorf and others. On the 1st day of February, 1892, the plaintiff and appellant procured a warrant of attachment against the property of Frederick F. Kieferdorf in this action, which was subsequently levied upon the property of the defendant. The warrant recited “ that defendant has departed from the city and state of New York.”
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Appeal from special term. Action by Nellie MacDonald against Frederick F. Kieferdorf and others. On the 1st day of February, 1892, the plaintiff and appellant procured a warrant of attachment against the property of Frederick F. Kieferdorf in this action, which was subsequently levied upon the property of the defendant. The warrant recited “ that defendant has departed from the city and state of New York.” Subsequently Harford B. Kirk and others, composing the firm of H. B. Kirk & Co., the respondents, upon an affidavit of their attorney alleging the granting of the said warrant of attachment…
1Opinion of the CourtGiegerioh, J.
The appellant seeks a reversal of the order appealed from on the ground, among others, that the moving papers in this case do not show that any valid attachment had been obtained by the moving creditors, and that, therefore, the motion to vacate her attachment could not be entertained. Had such an objection been made in the court below, it would havd been fatal to the right of the moving creditors to make such application, (Tim v. Smith, 3 Civil Proc. R. 347, affirmed 93 N. Y. 87; Williams v. Waddell, 5 Civil Proc. R. 191; Bruen v. Qillet, 44 Hun, 298; Williams v. Kulla, 11 N. Y. St. Rep.…
2Cases cited7 opinions
- Blossom v. . EstesNew York Court of Appeals · 1881
- Tim v. . SmithNew York Court of Appeals · 1883
- Miller v. KentNew York Supreme Court · 1880
- Place v. . RileyNew York Court of Appeals · 1885
- Douglas v. . HaberstroNew York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Garson v. BrumbergNew York Supreme Court · 1894
- Lassen v. BurtAppellate Terms of the Supreme Court of New York · 1905