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12 Misc. 198

Newkirk v. Hooker

City of New York Municipal Court

Decided April 15, 1895

City of New York Municipal Court · decided 1895-04-15

<p>By moving on the original papers to vacate an attachment the defendant concedes all that is stated in the affidavits and their legal intendment.</p> <p>An application for an attachment in the City Court of New York is governed hy section 3169 of the Code, and not hy section 636.</p>

Decided 1895-04-15

McCarthy, J.

¶1The defendant, by movmg on the original ’ papers to vacate the attachment, concedes all that is stated in the affidavits and their legal intendment.

¶2Section 636, Code of Civil Procedure, does not apply to this court (See § 3160, Code Civ. Proc.), but section 3169 does.

¶3We think the affidavits, although not as full as they might be, are sufficient to sustain this attachment.

¶4Order is, therefore, affirmed, with costs.

¶5Ehrlich, Ch. J., and Van Wyck, J., concur.

¶6Order affirmed, with costs.

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