Citations
- 168 N.Y. 262
Full opinion text
Martin, J.
This is an appeal from an order denying the appellant’s motion to .set aside the attachments and judgment granted and entered in this action. Manifestly, the appellant’s motion was in the action, and its purpose was to obtain an order therein. (Van Arsdale v. King, 155 N. Y. 325; City of Johnstown v. Wade, 157 N. Y. 50.) That fact is not only obvious from the record, but it is equally obvious that the appellant understood and intended it as such. The record discloses that he appeared in the action specially for the purpose of making the motion, and that he never attempted to institute any special proceeding to secure the relief sought. Moreover, in his notice of appeal to the Appellate Division, xvhich was entitled in this action, in describing the order from which the appeal was.taken, he stated that he appealed from an order