Billwiller v. Marks
City of New York Municipal Court
Action by John W. Billwiller and Charles J. Billwiller against Gabriel Marks. An attachment was issued against the property of defendant, who moves to vacate the same.
1Opinion of the CourtMcCarthy, J.
The defendant moves to vacate this attachment on the original papers on the grounds: (1) That, the affidavit having been made by the agent of the plaintiffs, it must contain, among other things, an averment that the plaintiffs are entitled to recover a sum stated therein, over and above all counter-claims known to them, and that the failure to contain the words “known to them" are jurisdictional and therefore fatal. (2) He submits affidavits, and asks to vacate the attachment on the merits. As to the first objection, the affidavit, I think, is sufficient. The attachment was granted upon the…
2Cases cited1 opinion
- Hill v. Knickerbocker Electric Light & Power Co.New York Supreme Court · 1891
3Cited by1 opinion
- Washburn v. Carthage Nat. BankNew York Supreme Court · 1895