Appellate Division of the Supreme Court of New York, 1904

Rapp v. Ash

Rapp v. Ash
Appellate Division of the Supreme Court of New York · Decided January 12, 1904
85 N.Y.S. 1145 (New York Supplement)
Rapp v. Ash

Opinion of the Court

PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion to vacate warrant of attachment granted, with $10 costs. Held, that the affidavit presented upon the application for the warrant of attachment did not so establish the defendants had left the state with intent to defraud their creditors, and to avoid service of summons, as to give the justice jurisdiction to grant said warrant; that the allegations upon said subject in form purport to be made upon personal knowledge alone, and it appears that affiant could not have had such personal knowledge.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.