Steward v. . Biddlecum
New York Court of Appeals
Appeal from the supreme court. John Steward, junior, and others, the appellants, on the 16th of June, 1845, recovered judgment in the supreme court against the respondent, for $1043,12, in an action of assumpsit upon promissory notes. The judgment not being paid, on the 25th of June, 1845, they instituted before W. H. Shumway, a supreme court commissioner, proceedings against the respondent under the act to abolish imprisonment for debt and to punish fraudulent debtors.
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Appeal from the supreme court. John Steward, junior, and others, the appellants, on the 16th of June, 1845, recovered judgment in the supreme court against the respondent, for $1043,12, in an action of assumpsit upon promissory notes. The judgment not being paid, on the 25th of June, 1845, they instituted before W. H. Shumway, a supreme court commissioner, proceedings against the respondent under the act to abolish imprisonment for debt and to punish fraudulent debtors. On the day last mentioned, the commissioner issued his warrant, on which the respondent was arrested, and such further…
1Opinion of the Court
Jewett, Ch. J.
The only question presented by this case for decision, is; whether the affidavits presented to the commissioner and upon which he issued his warrant for the arrest of the respondent, alleged facts sufficient to give him jurisdiction ; for if they did, however erroneously that officer decided, upon the trial of the questions involved, his determination cannot be reviewed here upon certiorari. (Birdsall v. Phillips, 17 Wend. 464.)
Sections 3 and 4 of the “ act to abolish imprisonment for debt and to punish fraudulent debtors,” passed 26th of April, 1831, and sections 1 and 2 of the…
2Cases cited2 opinions
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Kellogg v. GilbertNew York Supreme Court · 1813
3Cited by5 opinions
- Luce v. FosterNebraska Supreme Court · 1894
- Nebenzahl v. TownsendNew York Court of Common Pleas · 1881
- Larkin v. . FrazierNew York Court of Appeals · 1918
- Altenau v. MastersonNew York City Court · 1936
- Conner v. WatsonNew York Supreme Court · 1899