A Legal Monograph Upon Provisional Remedies Under the Code : With Decisions of Other States That Follow the New York Practice

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Hang, 1 N. Y. Civ. Pro. 411, ut supra.
Donnell ii. Williams, 31 Hun, 316.
Cribben v. Schillinger, 30 Hun, 348.
Where an attachment is granted in an action, commenced by the personal service of summons upon defendant, on affidavits which are defective, in that they are verified by plaintiff's attor- ney, and state that the amount claimed is due over and above all counter-claims known to deponent, the attachment is not thereby rendered void, but remains in full force and effect, unless set aside
...by the court upon a motion duly made.
Carr «. Van Hoesen, 36 Hun, 316.
Issuance of summons.
It is sufficient if the summons was in fact issued at the time of the application for, and the granting of the order of attach- ment.
■156 PROVISIONAL REMEDIES, Lawton v. Eeil, 34 How. Pr. 465.
Stevens v. Middleton, 14 Week. Dig. 126.
\ Thoug'h such fact should properly be stated in the affidavit, or it should be set forth in general terms that an action has been commenced.
"Wallace ». Castle, 68 N. T.


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