Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... 5
Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... 5
New York (State)
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Y. Civ. Pro. 347), it was held that where a creditor who obtains an attachment against property of a defendant moves to vacate a prior attachment in another action against the defendant, the plaintiff in the process attacked, has a right to claim that legal evidence of the existence of the subsequent lien shall be furnished, before he can be called upon to justify his own proceedings. That case has since been affirmed by the court of api)eals (see 3 ir. T. Civ. Pro. 416). In this case the prior... attaching creditor claims that there is no evidence whatever supporting the claim of the junior attaching creditor against the debtor, ex- cept the unverified statement of Robert R. Roberts, the plaintiff. The alleged affidavit upon which the attachment was issued, in favor of Roberts against Waddell, purports to have been taken before a notary public in the city of Richmond, in the state of Vir- ginia. Section 844 of the Code of Civil Procedure provides *'That an oath or affidavit required or which may be received in an action, special proceeding, or other mat- ter, may be taken without the state, except where it is otherwise specially prescribed by law, before an officer authorized by the laws of the state to take and certify the acknowledgment and proof of deeds to be recorded in the state, and when certified by him to have been taken before him and accompanied with the like certificates as to his official character and the genu- CIVIL PROCEDURE REPORTS.
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