Ruppert v. . Haug
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 10, 1881, which affirmed an order of Special Term, vacating an attachment issued herein. The application to vacate the attachment was made on behalf of judgment creditors of the defendant.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 10, 1881, which affirmed an order of Special Term, vacating an attachment issued herein. The application to vacate the attachment was made on behalf of judgment creditors of the defendant. The affidavit upon which the attachment was issued contained the following averment as to plaintiffs claim:' “ That Christian Haug, the above-named defendant, is justly and truly indebted to the deponent in the sum of $1,017.34, $767.34 therefor for goods, wares and merchandise heretofore sold and…
1Opinion of the CourtDanforth, J.
The case furnished the court contains no index (rule 5) nor do the papers composing it purport to be certified or to be copies of the .return. The rules (1, 5 and 8) as to these matters should have been complied with. Assuming, however, that they are copies of those used below, we find no error in the order appealed from. It sufficiently appears that the action is for the recovery of damages for breach of contract, and the plaintiff’s right to an attachment is to be determined by the. provisions of section 636 of the Code. By those he must show by affidavit that he “is entitled to recover a…
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