Owen v. Whitehouse

Appellate Division of the Supreme Court of New York

Owen v. Whitehouse

112 A.D. 891, 98 N.Y.S. 1109

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1906

StatusPublished

This text of 112 A.D. 891 (Owen v. Whitehouse) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Owen v. Whitehouse, 112 A.D. 891, 98 N.Y.S. 1109 (N.Y. Ct. App. 1906).

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Opinion

We think the defect complained of was an irregularity merely, amendable under section 721 et seq. of the Code of Civil Procedure, and as it clearly appears that the defendant was not misled, the motion to vacate the attachment should have been denied. The order appealed from is reversed, with ten dollars costs and disbursements, and the motion denied, with costs. Hooker, Rich and Miller, JJ., concurred; Jenks, J., dissented.

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We think the defect complained of was an irregularity merely, amendable under section 721 et seq. of the Code of Civil Procedure, and as it clearly appears that the defendant was not misled, the motion to vacate the attachment should have been denied. The order appealed from is reversed, with ten dollars costs and disbursements, and the motion denied, with costs. Hooker, Rich and Miller, JJ., concurred; Jenks, J., dissented.

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Bluebook (online)

112 A.D. 891, 98 N.Y.S. 1109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owen-v-whitehouse-nyappdiv-1906.