
    N. Y. COMMON PLEAS.
    Wm. N. Fitzgerald agt. E. P. Belden.
    
      Special Term,
    
      July, 1875.
    
      Insufficient affidavit to sustain an attachment.
    
    An attachment cannot he sustained where it is issued on the ground that the defendant intends to defraud his creditors, as his books of accounts have been secreted, and are not accessible to his creditors, where it does not appear that the alleged secreting of the same by the defendant’s employe was with the authority or with the knowledge and approbation of the defendant.
    The affidavit upon which such attachment is issued is defective where the facts are not directly sworn to, but are referred to as contained in another affidavit, without stating that that affidavit is anywhere on file, or without a copy of the affidavit being annexed to the affidavit on which the attachment is ordered.
    Affidavit was made by the plaintiff herein that the defendant was indebted to him in the sum of $388, and this action is brought to recover same. An attachment was issued against the defendant on the ground that he intended to defraud his creditors. Several affidavits were read to the effect that defendant’s books of accounts had been secreted, and were inaccessible to his creditors. An order to show cause why the attachment should not be vacated was then granted upon application of defendant’s counsel, on the ground that the affidavits referred to were insufficient.
   Daly, C. J.  