Irving National Bank of New York v. Adams

Headnote

This was an appeal from an order of General Term, affirming an order of Special Term, which vacated an attachment herein. The application to vacate was made by an assignee in bankruptcy of defendant.

The opinion is given in full.

“ The only answer suggested to the motion to vacate the at-. tachment was the pending of a prior proceeding in bankruptcy in the District Court of Louisiana, which it is claimed rendered the subsequent proceeding in the District Court of New Jersey void. But the facts presented on the motion failed to establish that the court in Louisiana acquired jurisdiction over the defendant Adams, or that any valid adjudication was made against him individually, or as a member of the firm of Johnl. Adams & Co. The plaintiff moreover proved its debt in the New Jersey proceedings, and in other ways recognized their validity after notice of the proceedings in Louisiana.

“ This may not conclude the plaintiff of the point of jurisdiction, but it strengthens the inference arising from the other

facts disclosed on the motion, that the defendant was not a party to those proceedings.

“ The order should be affirmed.”