Higbie v. Edgarton , 3 Paige Ch. 253 ( 1831 )

The Chancellor

said the defendant should have appeared and opposed "the former application, if he had any reasons to show why the order then asked for should not be made. That if the order was improper, or had been obtained against him through any inadvertence or mistake, his proper course was to apply to open the motion, or to vacate the order.' The attachment was therefore granted; but with liberty to the defendant to apply, at the next motion day, to vacate the former order.