Taylor v. Heath
New York Supreme Court
Error to the Albany common pleas. Taylor sued Heath by attachment on the 7lh December. 1842, returnable the 9tb of said December. The constable stated in his return what property he had attached, but that he had not served the, attachment personally on the defendant. The plaintiff appeared on the 9 th, but the defendant did not, and a short summons was issued returnable the 12th of December, to which the return was, that the defendant, after a due search, could not be found.
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Error to the Albany common pleas. Taylor sued Heath by attachment on the 7lh December. 1842, returnable the 9tb of said December. The constable stated in his return what property he had attached, but that he had not served the, attachment personally on the defendant. The plaintiff appeared on the 9 th, but the defendant did not, and a short summons was issued returnable the 12th of December, to which the return was, that the defendant, after a due search, could not be found. The plaintiff appeared, but the defendant did not. Declaration on a note and an account. Witness sworn, «fee. Judgment…
1Opinion of the CourtBeardsley, J.
The judgment in this case was rendered by the justice upon proceedings by way of attachment and short summons. By the act to abolish imprisonment for debt, passed in 1831, suits may be instituted against non-resident defendants by attachment. (Laws 1831, 403, § 33.) This was a new remedy, substituted in certain cases for the former process by warrant, which in those cases the statute abolished.
There was a written application for the attachment, but it did not state the ground on which it was asked for. There was also an affidavit made by the plaintiff, but it is so drawn as to be nearly…
2Cases cited2 opinions
- Clark v. LuceNew York Supreme Court · 1836
- Bates v. Relyea & WrightNew York Supreme Court · 1840
3Cited by11 opinions
- Van Kirk v. WildsNew York Supreme Court · 1851
- Clute v. Fitch & GriswoldNew York Supreme Court · 1857
- Lenham Mercantile Co. v. HerkeNew York Supreme Court · 1907
- Waters v. WhitamoreNew York Supreme Court · 1852
- Bennett v. . BrownNew York Court of Appeals · 1850
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