Lassen v. Burt
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, first district, borough of Manhattan.
1Opinion of the CourtScott, J.
The court’s jurisdiction to render judgment at all against defendant rested upon the validity of the attachment, and its validity depended upon whether the necessary jurisdictional facts were stated to justify its issuance. The ground upon which the attachment was applied for was that defendant had departed from the State with intent to defraud his creditors and avoid the service of summons, and kept himself concealed with like intent. Not one evidentiary fact is contained in the affidavit upon which the warrant was issued. The plaintiff swears that defendant has so departed with said intent,…
2Cases cited2 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- MacDonald v. KieferdorfNew York Court of Common Pleas · 1892
3Cited by1 opinion
- Moskowitz v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1905