Kerr v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 1913

Appellate Division of the Supreme Court of the State of New York · decided 1913-05-29

Appeal by the defendant j .Addison Smith,' from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county pf New York on the 28th day of April, 1913, denying a motion to vacate an attachment on original papers.

Decided 1913-05-29

Per Curiam:

¶1Appeal from an order denying defendant’s motion to vacate an attachment.

¶2For the reasons given for the reversal of the order denying defendant’s motion to dismiss the attachment on further papers (Kerr v. Smith, No. 1, 156 App. Div. 807), the order on this appeal should be reversed, with ten dollars costs and disbursements.

¶3Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.

¶4Order reversed, with ten dollars costs and disbursements, and motion granted, With ten dollars costs.