New York Supreme Court, 1842

Anonymous

Anonymous
New York Supreme Court · Decided July 15, 1842 · Bronson
3 Hill & Den. 454

Counsel

E. F. Smith , O. Meads, for the plaintiff,

Anonymous

Opinion of the Court

By the Court, Bronson, J.

Attachments against foreign corporations may be issued by the court—which must mean when it is in session—or by a judge or commissioner “ in vacation.” (2 R. S. 459, § 16.) The intention of the legislature seems to have been that the court should be moved whenever that course wTas practicable 3 but in other cases, to prevent a failure of justice, the writ might be allowed at chambers. For some purposes the terms of the court are considered as ending with the second week 3 but the issuing of attachments is excepted from that provision. (2 R. S. 197, § 5.) The commissioner was not authorized to allow the writ in term time.

Motion granted.

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