Van Wickle v. Weaver Coal & Coke Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Weaver Coal and Coke Company, 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 5th day of October, 1903, denying the defendant’s motion to vacate a warrant of attachment theretofore granted herein and to require the plaintiff to increase the security given by him upon such attachment.
1Opinion of the Court
McLaughlin, J.:
The defendant appeals from an order denying a motion to vacate a warrant of attachment. The motion to vacate was based upon the papers upon which the order for the attachment was made. It is urged- that the order appealed from should be reversed and the warrant vacated by reason of certain irregularities in the moving papers, as well as in the warrant itself. The notice of motion did not state any grounds of irregularities, and this was a sufficient reason for the denial of the motion. Rule 37 of the General Rules of Practice provides: “ When the motion is for irregularity, the…
2Cases cited1 opinion
- German-American Bank v. DorthyAppellate Division of the Supreme Court of the State of New York · 1899