General
John G. Haviland et al. v. Louisa D. Wehle
4 Daly (N.Y.) 549·New York Court of Common Pleas·1872·NY
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Opinion
John G. Haviland et al. v. Louisa D. Wehle.
(Decided in January, 1872.)
In the New York Marine Court, under Laws of 1831, ch. 300, § 34, an action cannot be commenced against a resident defendant by short attachment. The attachment in such cases must be returnable in not less than six nor more than twelve days, and must (except as otherwise provided by § 36) be served in accordance with 2 R. S. pt. 3, ch. 2, tit. 4, art. 2.
Reported in full in 43 How. Pr. 59.
Appeal by plaintiffs from a judgment of the general term of the Marine Court, affirming an order of that court at special term, vacating an attachment.
Dubois Smith, for appellants.
Charles Wehle, for respondent.
[MAJORITY]
Opinion of the court by Loew, J.
Judgment affirmed.
Present, Daly, Ch. J., Robinson, and Loew, JJ.