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Booth v. Milliken

99 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1906-07-12 English

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p. 1135
BOOTH, Respondent, v. MILLIKEN, Appellant.
(Supreme Court, Appellate Division, First Department.
July 12, 1906.)

Headnote

Appeal from Special Term, New York County. Action by Arthur C. Booth against William A. Milliken. From an order denying an application to vacate a warrant of attachment, defendant appeals.
Affirmed.
Ernest W. Marlow, for appellant.
R. Burnham Moffat, for respondent.

The order appealed from should be affirmed. We observe, however, that the undertaking here is inadequate; but that is a matter which the defendant can remedy by a proper application in the court below. Order affirmed, with $10 costs and disbursements.