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Ferguson v. Commonwealth Rubber Co.

38 N.Y.S. 375 Court N.Y. App. Div. Decision date 1896-04-10 English

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p. 375
FERGUSON v. COMMONWEALTH RUBBER CO.
(Supreme Court, Appellate Division, First Department.
April 10, 1896.)

Headnote

Attachment—Order Denying Motion to Dissolve—Reciting Replying Affidavits.
Motion to recite replying affidavits in an order denying a motion to vacate an attachment is properly refused, no leave to submit such affidavits having been asked for or granted, and the submission thereof having, therefore, been improper.
Appeal from special term, New York county.
Action by Harry Ferguson against the Commonwealth Rubber Company. Plaintiff obtained an attachment, which the Merchants’ Bank of Buffalo, an execution creditor of the rubber company, moved to vacate. The bank thereafter moved to amend the order denying the motion to vacate by reciting in the order replying affidavits. From the order denying such motion the bank appeals.
Affirmed.
Argued before VAN BRUNT, P. J., and BARRETT, RUMSEY, O’BRIEN, and INGRAHAM, JJ.
Herman Aaron, for appellant.
Philip M. Brett, for respondent.

No leave to submit replying affidavits was asked for. or granted, and, as the submission of such was improper, the order denying motion to recite such was right, and should be affirmed,, with $10 costs and disbursements.