Cadwell v. Colgate
New York Supreme Court
Demurrer. The declaration was on a bond taken under sections 57 and 58, 2 R. S. 3d ed. p. 72. The first count set forth a proceeding in favor of the plaintiff, a resident of this state, against William Woodworth as a non-resident debtor, by-attachment issued on the 25th of August, 1846, by Frederick P. Stevens, Esq. first judge of Erie county, counsellor, &c.
Read the full summary
Demurrer. The declaration was on a bond taken under sections 57 and 58, 2 R. S. 3d ed. p. 72. The first count set forth a proceeding in favor of the plaintiff, a resident of this state, against William Woodworth as a non-resident debtor, by-attachment issued on the 25th of August, 1846, by Frederick P. Stevens, Esq. first judge of Erie county, counsellor, &c. The substance of the application was set forth in due form, and the further averment that there was attached to said application an affidavit sworn to before said first judge on the day last aforesaid, in which it was set forth that said…
1Opinion of the Court
By the Court, Parker, J.
The defendants contend that an action can not be maintained on the bond given to procure the release of the goods from the attachment, on the ground that the proceedings were void, for the want of a proper affidavit to authorize the issuing of the attachment. The witnesses stated, in their affidavit, that the said Woodworth then resided at Lafayette in the state of Indiana, or elsewhere out of the state of New-York, as each of said persons verily believed to be true, *255&c. This was clearly insufficient to give jurisdiction. The statute requires that the facts and…
2Cases cited8 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Johnson v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1835
- Pawling v. WillsonNew York Supreme Court · 1816
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Trimble v. StateIndiana Supreme Court · 1837
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Miller v. . AdamsNew York Court of Appeals · 1873
- Dusenbury v. . KeileyNew York Court of Appeals · 1881
- Adams v. OliveSupreme Court of Alabama · 1876
- Bildersee v. AdenNew York Supreme Court · 1872
- Youngman v. Fidelity & Deposit Co.New York Supreme Court · 1914
14 more not listed; retrieve them via the Exa API.