American Rattan & Reed Manufacturing Co. v. Handel-Maatschappij Moraux & Co.

Appellate Division of the Supreme Court of New York

American Rattan & Reed Manufacturing Co. v. Handel-Maatschappij Moraux & Co.

194 A.D. 90, 185 N.Y.S. 480, 1920 N.Y. App. Div. LEXIS 6605

Appellate Division of the Supreme Court of the State of New York·Decided December 10, 1920·No. Appeal No. 1·Published

Opinion

Putnam, J.:

By virtue of his general power over matters of procedure an attorney can control attachments. Hence the attorneys for the attaching creditor had power to release this attachment. (Moulton v. Bowker, 115 Mass. 36; Marble v. Jamesville Manufacturing Co., 163 id. 171.) Having been so withdrawn, the attachment is not now in existence. Plaintiff, indeed, might take out a new attachment and so use this affidavit a second time (Mojarrieta v. Saenz, 80 N. Y. 547), but this would be under an independent order. Therefore this appeal over an attachment now dissolved has nothing substantial remaining. (Commercial Union Assur. Co., Ltd., v. Smith, 16 N. Y. Supp. 114; Woodruff v. Austin, 16 Misc. Rep. 543.) It is, therefore, dismissed, but without costs.

Jenks, P. J., Rich, Blackmar and Kelly, JJ., concur.

Appeal dismissed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Putnam, J.:

By virtue of his general power over matters of procedure an attorney can control attachments. Hence the attorneys for the attaching creditor had power to release this attachment. (Moulton v. Bowker, 115 Mass. 36; Marble v. Jamesville Manufacturing Co., 163 id. 171.) Having been so withdrawn, the attachment is not now in existence. Plaintiff, indeed, might take out a new attachment and so use this affidavit a second time (Mojarrieta v. Saenz, 80 N. Y. 547), but this would be under an independent order. Therefore this appeal over an attachment now dissolved has nothing substantial remaining. (Commercial Union Assur. Co., Ltd., v. Smith, 16 N. Y. Supp. 114; Woodruff v. Austin, 16 Misc. Rep. 543.) It is, therefore, dismissed, but without costs.

Jenks, P. J., Rich, Blackmar and Kelly, JJ., concur.

Appeal dismissed, without costs.

American Rattan & Reed Manufacturing Co. v. Handel-Maatschappij Moraux & Co., 194 A.D. 90, 185 N.Y.S. 480, 1920 N.Y. App. Div. LEXIS 6605 (N.Y. Ct. App. 1920).

Pincite

194 A.D. 90 (American Rattan & Reed Manufacturing Co. v. Handel-Maatschappij Moraux & Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related