Floyd v. Blake
New York Supreme Court
Motion to vacate an attachment. This was an action of assault and battery. The defendant having departed or being concealed, plaintiff procured an attachment, as a provisional remedy under the Code, which the defendant now moved to vacate.
1Opinion of the CourtJames, J.
It is conceded that this action is to recover damages for an assault and battery. It was commenced by the issuing and delivery of a summons for service, which the officer *350was unable to serve, and subsequently, upon proof by affidavit that the defendant had departed from, the State to avoid the service of said summons, or kept himself concealed therein with like intent, a warrant of attachment was issued, by virtue of which certain property of the defendant was seized, and is held to answer such judgment as may be obtained against him.
The Bevised Statutes only authorized attachments against “…
2Cases cited3 opinions
- Ward v. BeggNew York Supreme Court · 1854
- Houghton v. AultNew York Supreme Court · 1858
- Hernstien v. MatthewsonNew York Supreme Court · 1850
3Cited by1 opinion
- Knox v. MasonThe Superior Court of New York City · 1865