¶1reversed the order appealed from, and discharged the attachment on defendant paying the amount of the judgment within five days—saying, that “judgment,” as defined in the sections of the Code relating to provisional remedies, meant “ a final determination of the rights of the parties to the action,” and that the pendency of the appeal from the judgment did not affect the rights of the defendant to have the attachment discharged. No written opinion was given.
36 How. Pr. 115
Wright v. Rowland
Decided June 15, 1868
New York Supreme Court · decided 1868-06-15
Judgment in this action was entered at special term, for plaintiff on report of referee, from which judgment plaintiff appealed to the general term. Attachment was issued against the defendant for about ten thousand dollars, under which property worth about nine thousand dollars was attached; after a trial on the merits judgment was rendered for the plaintifi for $538.79.
Decided 1868-06-15