Conway v. Hitchins
New York Supreme Court
On the 7th day of June, 1850, the plaintiff made an affidavit as follows : “Washington county, ss. William Conway being duly sworn, deposes and says, that on the 11th day of May, 1850, the said Conway recovered a judgment against James Hitchins, the above named defendant, before H. Stowell, Esquire, one of the justices of the peace in and for the said county of Washington, for thirty-five dollars and seventy-one cents, and that a transcript of said judgment was filed and…
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On the 7th day of June, 1850, the plaintiff made an affidavit as follows : “Washington county, ss. William Conway being duly sworn, deposes and says, that on the 11th day of May, 1850, the said Conway recovered a judgment against James Hitchins, the above named defendant, before H. Stowell, Esquire, one of the justices of the peace in and for the said county of Washington, for thirty-five dollars and seventy-one cents, and that a transcript of said judgment was filed and docketed in the office of the clerk of the said county on the 15th day of May last, and that on the 16th day of May…
1Opinion of the Court
By the Court, Willard, J.
The appearance of the defendant before the justice, by attorney, on the return of the attachment, superseded the necessity of a summons to the defendant, and gave the justice jurisdiction of the cause. This is necessarily implied from the language of the 38th section of the act to abolish imprisonment for debt in certain cases. (Laws of 1831, p. 404.) The objection that property was seized under the attachment sufficient to satisfy the judgment, is answered by the return of the constable, that it did not belong to the defendant, and by the return of the sheriff, that…
2Cases cited6 opinions
- Vosburgh v. WelchNew York Supreme Court · 1814
- Isnard v. CazeauxNew York Court of Chancery · 1828
- Brown v. HinchmanNew York Supreme Court · 1812
- Dix v. BriggsNew York Court of Chancery · 1842
- Van Steenbergh v. KortzNew York Supreme Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Union Bank of Troy v. SargeantNew York Supreme Court · 1867
- Butts v. DickinsonNew York Supreme Court · 1860
- Green v. BullardNew York Supreme Court · 1853
- Daley v. Dennis, New York County Courts1930
- Merchants' National Bank v. Columbia Spinning Co.Appellate Division of the Supreme Court of the State of New York · 1897
5 more not listed; retrieve them via the Exa API.