Hawkins v. Pakas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William K. Hawkins, 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 12th day of June, 1899, resettling an order entered in said clerk’s office on the 26th day of May, 1899, vacating an attachment.
1Opinion of the Court
Barrett, J.:
The point presented by this appeal is whether the defendant, who has been defeated in his application to vacate an attachment upon the papers on which it was granted, may again move without leave •of the court, upon affidavits, to vacate the warrant. It was held in the carefully-considered case of Thalheimer v. Hays (42 Hun, 93) that a defendant had that right under section 683 of the Code of Civil Procedure. We think that case was well decided, and we can add nothing to its reasoning. The appellant contends that this •court, in Sheehan v. Carvalho (12 App. Div. 430), took a…
2Cases cited1 opinion
- Sheehan v. CarvalhoAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907