Gumbel v. Beer

DisseNTXNg Opinion.

Fenner, J.

As conceded in the majority opinion, the essential foundation of the relief sought, so far as Lionnet and Lehman, Abraham & Co. are concerned, is the sequestration.

It is elementary that the mere existence of a lien or privilege is not, of itself and by itself, sufficient to entitle a party to a sequestration.

He must not only have the privilege, but must in addition, as stated in Paragraph 7 of C. P. 275: “Comply with the requisites provided by law,” and those requisites have been consistently held to include an ’affidavit to some of the causes provided in the…