New York Supreme Court, 1894

Waterbury v. Waterbury

Waterbury v. Waterbury
New York Supreme Court · Decided February 12, 1894 · Pratt
27 N.Y.S. 1114; 83 N.Y. Sup. Ct. 51; 59 N.Y. St. Rep. 289 (New York Supplement)

Counsel

M. N.’ Kane,' for appellant., J. V. D. Benedict, for respondent.

Waterbury v. Waterbury

Opinion of the Court

PRATT, J.

We think the affidavit of plaintiff was sufficiént to call upon the court to exercise its discretion, and that will suffice to give jurisdiction. In opposition to the motion, to vacate the attachment, the plaintiff argues that the moving papers do not show a valid "attachment' in favor of the subsequent creditor. As we are of opinion that plaintiff’s papers are sufficient, we are not compelled to analyze those of the Subsequent creditors. • Order affirmed, with costs.

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