Sanger v. Connor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Welcom Y. Connor, from an order of the Supreme Court, made at the New York Special Term' and entered in the office of the clerk of the county of New York on the 23d day of May, 1904, denying the defendant’s motion to vacate a warrant of attachment theretofore granted in the above-entitled action.
1Per curiam
The affidavits upon which the order to show cause was granted failed to state the present condition of the action and whether at issue, and, if not yet tried, the time appointed for holding the next Trial Term where the action is triable. Upon the return of the order to show cause, and before the hearing, the plaintiff made a preliminary objection that the moving papers did not comply with rule 37 of the General Rules of Practice which provides that these matters must be stated. The objection was good and should have been sustained. (Cole v. Smith, 84 App. Div. 500.)
*522Apart, therefore, from the…
2Cases cited1 opinion
- Cole v. SmithAppellate Division of the Supreme Court of the State of New York · 1903