Hyperlawhypertext legal database Cremins v. East Lake Woolen Co. 40 N.Y.S. 1141

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Cremins v. East Lake Woolen Co.

40 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1896-06-29 English

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p. 1141
CREMINS, Appellant, v. EAST LAKE WOOLEN CO. et al., Respondents.
(Supreme Court, Appellate Division, First Department.
June 29, 1896.)

Headnote

Action by James Cremins against East Lake Woolen Company and Aaron M. IClaw. subsequent attaching creditor. J. Edward Ackley, for appellant. Emanuel BIumenstiel, for respondents.

The moving papers of the junior attaching creditor fail to show that the summons in his action against the defendant had been served or published within the 30 days required by law, and that was necessary under the decision in the case of Ladenburg v. Bank, 2 App. Div. 477 , 37 N. Y. Supp. 1085 . The order vacating the plaintiff’s attachment must therefore be reversed, with §10 costs and disbursements, and motion denied, with §10 costs.