17 How. Pr. 559 | New York Court of Common Pleas | 1859
The affidavit of the plaintiff was insufficient to warrant the granting of an attachment. The attachment was applied for upon the ground that the defendant was about removing all his property out of the city and county of New York, with the intent of defrauding the defendant who was his creditor, arid the only facts sworn to in the affidavit were, that the defendant closed up his place of business on the 21st of October, 1858, and immediately commenced packing up his goods, and continued packing them up until midnight, ready to be removed; that his store was closed on the morning of the following day, before the warrant issued, and that on the preceding day, the 20th, he removed his family, without informing the defendant or his family, who resided in the same building over the store. These facts do not show that the de