Opinion
November Term, 1901.
Present — Van Brunt, P.J., O'Brien, Ingraham, McLaughlin and Hatch, JJ.
Order affirmed, with ten dollars costs and disbursements.
We deem it unnecessary to consider the question of residence, for the reason that there are two valid objections to the attachment. The first is that the affidavit and complaint upon which the warrant of attachment was granted do not set forth a cause of action against the defendant. ( Carrier v. United Paper Co., 73 Hun, 287; Pomeroy v. Ricketts, 27 id. 242.) The second is that the order herein having been granted upon a condition with which the defendant has complied, the plaintiff has obtained an advantage, and is not in a position to demand a reversal of the order. The order should, therefore, be affirmed, with ten dollars costs and disbursements.