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25 N.Y.S. 1122

Donovan v. Clark

New York Supreme Court

Decided November 17, 1893

New York Supreme Court · decided 1893-11-17

<p>Action by Daniel E. Donovan against Margaret Clark. From order denying motion to vacate attachment, defendant appeals.</p>

Decided 1893-11-17

PER CURIAM.

¶1This action was brought to recover against the defendant as a surety upon an undertaking, and an attachment was granted therein upon the ground that the defendant, a resident of the state, had kept herself concealed therein, with intent to evade the service of the summons. In the disposition of this appeal, it is not necessary to recite the facts established by the evidence. Suffice it to say that they necessarily lead to the conclusion that the defendant was keeping herself concealed, with intent to evade the service of the summons in this action, and it is seldom that such conclusion is so satisfactorily established in cases of this character. The order appealed from, should be affirmed, with $10 costs' and disbursements.

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