Appellate Division of the Supreme Court of New York, 1896

Cremins v. East Lake Woolen Co.

Cremins v. East Lake Woolen Co.
Appellate Division of the Supreme Court of New York · Decided June 29, 1896
40 N.Y.S. 1141 (New York Supplement)
Cremins v. East Lake Woolen Co.

Opinion of the Court

PER CURIAM.

The moving papers of the junior attaching creditor fail to show that the summons in his action against the defendant had been served or published within the 30 days required by law, and that was necessary under the decision in the case of Ladenburg v. Bank, 2 App. Div. 477, 37 N. Y. Supp. 1085. The order vacating the plaintiff’s attachment must therefore be reversed, with §10 costs and disbursements, and motion denied, with §10 costs.

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