Brandley v. American Butter Co.
New York Supreme Court
Action by Albert Russell Brandley against the American Butter Company. Motion by defendant to vacate a warrant of attachment, and cross-motion by plaintiff to file a supplemental affidavit nunc pro tunc and to amend the recitals in the warrant of attachment nunc pro tunc. Motion to amend denied.
1Opinion of the CourtGiegerich, J.
These are cross-motions, one by the defendant upon the papers upon which it was granted to vacate a warrant of attachment obtained by the plaintiff, and the other made by the plaintiff for leave to file nunc pro tunc as of the date of the original affidavit upon which the attachment was based a supplemental or amended affidavit and to amend nunc pro tunc the recitals contained in the warrant. The first question necessary to be passed upon is whether the court has any power to allow such supplemental or amended affidavit to be filed nunc pro tunc.
Section 683 of the Code of Civil Procedure…
2Cases cited3 opinions
- Jacobs v. . HoganNew York Court of Appeals · 1881
- King v. KingAppellate Division of the Supreme Court of the State of New York · 1902
- Sulzbacker v. J. Cawthra & Co.New York Court of Common Pleas · 1895
3Cited by2 opinions
- Wehrhahn v. Fort Dearborn Casualty UnderwritersMissouri Court of Appeals · 1928
- Brandly v. American Butter Co.Appellate Division of the Supreme Court of the State of New York · 1909