62 How. Pr. 364 | NY | 1881
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The case furnished the court contains no index (rule 5) nor do the papers composing it purport to be certified or to be copies of the return. The rules (1, 5 and 8) as to these matters should have been complied with. Assuming, however, that they are copies of those used below, we find no error in the order appealed from. It sufficiently appears that the action is for the recovery of damages for breach of contract, and the plaintiff's right to an attachment is to be determined by the provisions of section 636 of the Code. By *144
those he must show by affidavit that he "is entitled to recover a sum stated therein over and above all counter-claims known to him." It is enough if the affidavit shows this to the satisfaction of the judge who receives the application for the warrant, but there must be some evidence. (Steuben Co. Bank v.Alberger,
All concur.
Order affirmed.