A Legal Monograph Upon Provisional Remedies Under the Code; With Decisions of Other States That Follow the New York Practice

A Legal Monograph Upon Provisional Remedies Under the Code; With Decisions of Other States That Follow the New York Practice

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...hut also the subject-matter of the claim, should be set forth. Richter e. Wise, 3 Hun, 398. Where an affidavit under the Code of Procedure failed to show that the plaintiff had any cause of action against the defendant, on which an attachment could be founded, or to specify the grounds of his claim, it was held that these were jurisdictional defects which deprived the justice of power to issue the attachment. Jacobs c. Hogan, 85 N. Y. 243; rev'g 15 Hun, 197. If the affidavit merely states that "defendant owes plaintiff a certain sum over and above all counter-claims known to plaintiff, for goods sold aud delivered, of which no part has been paid," it is not sufficient. The facts by which the liability was created should be set forth. Pomeroy e. Moss, 15 Week. Dig. 25. A statement in the affidavit of the single fact that defendant had departed from the State with intent to defraud his creditors, standing alone, unsupported by any other fact, is not sufficient legal evidence of a departure with intent to defraud creditors, to warrant the issuing of an attachment. Purman v. Walter, 13 How. Pr. 349. Stewart v. Brown, 10 Barb. 367. A general statement that a fraudulent disposition of defendant's property had been made, is insufficient.-The facts should be stated from which the legal conclusion of fraud must flow. Yatcs e. North, 44 N. Y. 271. Skinner v. Oettinger, 14 Abb. Pr. 109. Scott v. Simmons, 34 How. Pr. 66. Belmont v. Lane, 22 Id. 365. The intent to defraud by the disposition of property must be fairly deduced from facts proved. The sources of information must be given, so that the court, called upon to act, can see that the facts, sought to be proved, are established by legitimate testimony. Ellison e. Bernstein, 60 How. Pr. 145....show more

Product details

  • Paperback | 102 pages
  • 189 x 246 x 5mm | 195g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123654899X
  • 9781236548993