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Worthington v. Dorsett

6 N.Y. St. Rep. 861 Court FIRST DEPARTMENT, GENERAL TERM. Decision date 1887-03-02 English

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p. 861
FIRST DEPARTMENT, GENERAL TERM.
Filed March 2, 1887
GEORGE WORTHINGTON, Resp’t, v. DANIEL H. DORSETT, App’lt.

Headnote

Attachment—Vacated because warrant is not signed by judge.
Appeal from, order denying motion to vacate attachment.
W- H. Kelly, for app’lt; Morgan & Worthington, for resp’t.

As far as is shown by tlie record submitted upon this appeal, it does not appear that any warrant herein was ever subscribed by a judge. But upon the contrary, it appears inferentially from the sheriff’s certificate attached to the copy served that the original attachment was not signed by a judge

The order should be reversed and the paper purporting to be an attachment vacated, with ten dollars costs and disbursements