Legal Opinion

Mitchell v. Anderson

New York Supreme Court

Decided June 15, 1900Published

Motion by a junior attaching creditor to vacate prior attachment.

1Opinion of the CourtKenefick, J.

This motion is based upon alleged defects shown on the face of the affidavit upon which the senior attachment was granted. The affidavit is made by the attorney in the action, and it is apparent therefrom that he has no personal knowledge of the transactions out of which the alleged cause of action arises, or of any other transactions between the plaintiffs and defendant. It appears from the affidavit that the affiant who resides in Buffalo, N. Y., received the claim from the plaintiffs, who reside in Dodge-ville, Wis., and thereupon made efforts to collect it. The defects alleged will be…

2Cases cited2 opinions

  1. Smith v. HoltAppellate Division of the Supreme Court of the State of New York · 1899
  2. Williams v. HaysAppellate Division of the Supreme Court of the State of New York · 1896

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