Legal Opinion

Morgan v. House

Superior Court of Buffalo

Decided December 15, 1868Published

1Opinion of the Court

By the court, Hasten, J.

This is an appeal from a judgment rendered in a justice’s court.

The action was commenced by attachment under the thirty-third section of the act to abolish' imprisonment for debt. The only question in the case arises upon the sufficiency of the affidaivit upon which the attachment issued.

It was at one time a mooted question whether the statute required that, the grounds on which an attachment under that section is authorized to be issued should be shown to the justice by affidavit. The supreme court without much consideration held that no affidavit was required or…

2Cases cited3 opinions

  1. Taylor v. HeathNew York Supreme Court · 1847
  2. Van Kirk v. WildsNew York Supreme Court · 1851
  3. Stage v. StevensCourt for the Trial of Impeachments and Correction of Errors · 1845

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