Appellate Division of the Supreme Court of New York, 1912

Restrepo v. Jaramillo

Restrepo v. Jaramillo
Appellate Division of the Supreme Court of New York · Decided March 22, 1912 · Scott
134 N.Y.S. 352 (New York Supplement)

Counsel

Roderick Robertson, for appellants., Frank D. Pavey, for respondents.

Restrepo v. Jaramillo

Opinion of the Court

SCOTT, J.

The papers upon which the attachment was granted, and on which the motion to vacate is based, are fatally defective. The action is for unliquidated damages, and there is nothing in the papers upon which the court can determine what damages, if any, the plaintiffs are entitled to recover. James v. Signell, 60 App. Div. 75, 69 N. Y. Supp. 680; Haskell v. Osborn, 33 App. Div. 127, 53 N. Y. Supp. 361.

It follows that the order appealed from must be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs. All concur.

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