
    ALFRED COOKE, Respondent, v. ROBERT APPLETON, Jr., et al., Appellants.
    
      Decided February 2, 1885.
    
      Attachment against non-resident—transaction of business within jurisdiction of court no protection—non-residence of plaintiff.
    
    Before Truax and O’Gorman, JJ.
    Appeal from an order of special term denying motion to set aside a warrant of attachment.
    The Court at General Term said :—“The order of the special term should be affirmed. The granting or refusing a warrant of attachment is within the judicial discretion of the court, and there is no reason for the defendants’ claim that snch discretion was not properly exercised in this case. The affidavits show that the defendants, although having their place of business and business property in the city of New York, yet have their legal residence in New Jersey (Wallace v. Castle, 68 N. Y. 370). The fact that the plaintiff is a non-resident of this state does not exclude him from the aid of a warrant of attachment to enforce his legal claim. There is no reason, in law or in public policy, for making such a distinction as against foreign creditors.”
    
      Horace W. Fowler, for appellants.
    
      Frederick A. Ward, for respondent.
   Opinion by O’Gorman J.; Truax, J., concurred.

Order affirmed, with $10 costs.  