66 How. Pr. 282
New York Court of Common Pleas
Decided January 15, 1884
New York Court of Common Pleas · decided 1884-01-15
Motion to vacate an attachment. The affidavit upon which the attachment was issued, alleged, first, upon information and belief, a cause of action against the defendants .for a conspiracy to defraud ; and, second, positively that the defendants were non-residents. The motion to vacate the attachment was made upon the papers upon which it was granted.
Decided 1884-01-15
¶1— The motion to vacate an attachment must be granted. The whole cause of action (which is for conspiracy and fraud) is stated on information and belief, and the sources of information are not given. Such a verification of the cause of action is proper in a pleading, but is not proper in an affidavit upon an application to obtain an attachment.
¶2Ten dollars costs to defendant.