Mosher v. People ex rel. Child
New York Supreme Court
This was a certiorari issued under thé act to abolish imprisonment for debt, and to punish fraud ulént debtors, passed April 26,1831, to reverse an order made by T. J. Marvin, Esq. then first judge of Saratoga county courts, committing the plaintiff in error to jail, for fraudulently concealing property.
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This was a certiorari issued under thé act to abolish imprisonment for debt, and to punish fraud ulént debtors, passed April 26,1831, to reverse an order made by T. J. Marvin, Esq. then first judge of Saratoga county courts, committing the plaintiff in error to jail, for fraudulently concealing property. The proceedings were instituted under the said act on the 28th of June, 1847. The affidavit of the attorney of the judgment creditor, after setting forth a judgment for above fifty dollars against Mosher, for which he could not bé arrested or imprisoned, stated that on the 5th of June, 1847,…
1Opinion of the Court
By the Court, Willard, J.
The plaintiff in error insists that sufficient facts are not stated in the affidavits of Beach and Lawrence to confer jurisdiction upon the judge, as it is only alleged on information and belief that Mosher had property and rights in action fraudulently concealed, &c.
In the case of Collamer v. Elmore, decided by this court in May last, all the cases on the subject of warrants issued under the act to abolish imprisonment for debt and under our attachment laws were examined. In that case, the question arose in an action of assault and battery and false imprisonment, in…
2Cases cited5 opinions
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