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Newkirk v. Hooker

66 N.Y. St. Rep. 872 Court N.Y. City Ct. Decision date 1895-04-16 English

Delivered by McCarthy, J.

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Majority

p. 872
Abraham Newkirk, Resp’t, v. Walter H. Hooker, et al., App’lts.
N. Y. C. C.,
April 16, 1895.
Johnson & Dowd, for app’ts; Abraham Kling, for resp’t.

The defendant, by moving on the original papers to vacate the attachment, concedes all that is stated in the affidavits and their legal intendment. Section 636, Code Civ. Proc., does not apply to this court (see § 3160, Code Civ. Proc.), but section 3169 does. We think the affidavits, although not as full as they might be, are sufficient to sustain the attachment. Order is therefore affirmed, with costs. All concur.