Horton v. Fancher
New York Supreme Court
Appeal from a judgment of the County Court of Westchester county, affirming a judgment of a justice of the peace in favor of the plaintiff.
1Opinion of the Court
Dyioian, J.:
This is an appeal from a judgment of the County Court affirming a judgment of a court of a justice of the peace. The action was commenced in the lower court by attachment, and the contention is that the affidavit which was the foundation of the attachment is insufficient to support it. The determination of this appeal depends, therefore, upon the affidavit which was presented to the justice and on which the attachment was granted.
There are two classes of cases in which attachments against the property of a debtor may issue from a court of a justice of the peace in this State on…
2Cases cited4 opinions
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Smith v. LuceNew York Supreme Court · 1835
- Avery v. SlackNew York Supreme Court · 1837
- Sullivan v. FrazeeThe Superior Court of New York City · 1865