
    COURT OF APPEALS.
    Horace B. Claflin et al. agt. Julius Baere and Louis Baere.
    
      Appeal—order setting aside attachment not appealable.
    
    An order setting aside and vacating an attachment is not reviewable in the court of appeals.
    
      Decided March 2, 1880.
    This was an appeal from order of general term affirming 'an order of special term, setting aside and vacating a warrant of attachment. The opinion of Babbett, J., as well as the affidavits in the case are reported in 57 Howard, page 78.
    
      A. JBlumensteil, for defendants and respondents.
    1. The order is not appealable, the motion to vacate the attachment was founded upon the insufficiency of the papers on which it was granted. The court at special term and general term decided that the attachment should be set aside. This is not a question of jurisdiction, and the order is not appealable (Allen agt. Meyer, 71 N. Y., 1; Wallace agt. Castle, 68 N. Y., 373; Diddle agt. Paton, 67 N. Y., 393). Even if the affidavits had been sufficient to authorize the granting of an attachment, the exercise of that power is purely discretionary. The language of section 635 of the Code of Civil Procedure is that an attachment “ may be granted,” etc. It does not appear but that the general term considered the whole case, including the affidavit of Thomas D. Adams, interposed on the motion, and the answering affidavit of the defendant. The order of the special term recites the reading of all the affidavits (See Godfrey agt. Godfrey, 75 N. Y., 434). It then became a mere matter of discretion whether, upon all the facts, the court was authorized to set aside the attachment, and the case comes clearly within the decision of Allen agt. Meyer (supra).
    
    
      Samuel Hand, for plaintiffs, respondent.
   Danforth, J.

The appeal should be dismissed, the order appealed from not being one that is reviewable in this court (59 N. Y, 313; 68 id., 370 ; 71 id., 594).

Appeal dismissed.

All concur.  