Steuben County Bank v. . Alberger
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term which denied a motion on behalf of Louisa F. Alberger, a judgment creditor of defendant Samuel F. Alberger, to vacate an attachment herein as to property of said defendant. (Reported below, 14 Hun, 379.) The facts sufficiently appear in the opinion. Plaintiff was not entitled to read further proofs in support of the attachment.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term which denied a motion on behalf of Louisa F. Alberger, a judgment creditor of defendant Samuel F. Alberger, to vacate an attachment herein as to property of said defendant. (Reported below, 14 Hun, 379.) The facts sufficiently appear in the opinion. Plaintiff was not entitled to read further proofs in support of the attachment. (Code, § 683; Yates v. North, 44 N. Y., 271.) The attachment-cannot be sustained upon the affidavits upon which it was granted. (7 How.…
1Opinion of the CourtAndrews, J.
On the 29th day of November, 1877, an attachment was issued by the county judge of Steuben county ■ against the joint and several property of Samuel F. and John L. Alberger, in an action brought by the plaintiff against them and other defendants, and was levied upon the real and personal property of the defendant, Samuel F. Alberger. The attachment was issued upon affidavits presented to the county judge, tending, as the plaintiff claimed, to establish that the defendants, Samuel F. and John L. Alberger, were about to assign, dispose of and secrete their property, with intent to defraud their…
2Cases cited3 opinions
- Frost v. . MottNew York Court of Appeals · 1866
- Morgan v. AveryNew York Supreme Court · 1850
- Yates v. . NorthNew York Court of Appeals · 1871
3Cited by26 opinions
- Robb v. . Washington Jefferson CollegeNew York Court of Appeals · 1906
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Trow's Printing & Bookbinding Co. v. HartNew York Court of Appeals · 1881
- Redwine v. AnsleySupreme Court of Oklahoma · 1912
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