Fulton v. Heaton
New York Supreme Court
Error to the St. Lawrence common pleas. Heaton declared before the justice, against Fulton and one Whitney, in trespass, for taking and carrying away certain clothing, &c. The defendants pleaded the general issue, and a justification under an attachment, issued by Cummings, a justice of the peace, against Heaton, in favor of Fulton. Heaton proved that in September, 1845, Fulton and Whitney took a coat, &c. of Heaton. Whitney told Heaton he had an attachment against him.
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Error to the St. Lawrence common pleas. Heaton declared before the justice, against Fulton and one Whitney, in trespass, for taking and carrying away certain clothing, &c. The defendants pleaded the general issue, and a justification under an attachment, issued by Cummings, a justice of the peace, against Heaton, in favor of Fulton. Heaton proved that in September, 1845, Fulton and Whitney took a coat, &c. of Heaton. Whitney told Heaton he had an attachment against him. Cummings, the justice, produced his docket and papers to be read in evidence, and produced an affidavit of Fulton, entitled…
1Opinion of the Court
By the Court, Paige, J.
It is contended on the part of the defendant in error, that the defence offered by the defendants before the justice, under the attachment issued by Cummings, was properly excluded, upon the ground of the insufficiency of the affidavit on which the attachment was issued. This attachment was issued, under the provisions of the revised statutes. (2 R. S. 230, §§ 26, 28, as amended by the law of *5541831, p. 404. Id. §§ 34, 35, amended by act of 1842, ch. 107, p. 74.) Section 26 of 2 R. ¡3. 230, authorizes an attachment to be issued, where it shall satisfactorily appear to…
2Cases cited9 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Richard v. WaltonNew York Supreme Court · 1815
- Johnson v. MossNew York Supreme Court · 1838
- Lovett v. PellCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cooper v. BissellNew York Supreme Court · 1819
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3Cited by2 opinions
- Bradbury v. Van NostrandNew York Supreme Court · 1865
- Talcott v. RosenbergNew York Court of Common Pleas · 1870