Owen v. Whitehouse
112 A.D. 891
N.Y. App. Div.
1906
Check Treatment

We think the defect complained of was an irregularity merely, amendable under section 721 et seq. of the Code of Civil Procedure, and as it clearly appears that the defendant was not misled, the motion to vacate the attachment should have been denied. The order appealed from is reversed, with ten dollars costs and disbursements, and the motion denied, with costs. Hooker, Rich and Miller, JJ., concurred; Jenks, J., dissented.