Barnard v. Darling
New York Court of Chancery
This was a creditor’s suit. The bill was in the usual form of a creditor’s bill, and purported to have been sworn to by the complainants in the usual manner, except that the statement in the jurat was in this form: “ State of New-York,-county, ss.” And the oath was signed “O. 0., comm’r of deeds,” without specifying the county or city for which the person signing it was a commissioner. It appeared, however, that he was in fact a commissioner of deeds for the city of Albany.
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This was a creditor’s suit. The bill was in the usual form of a creditor’s bill, and purported to have been sworn to by the complainants in the usual manner, except that the statement in the jurat was in this form: “ State of New-York,-county, ss.” And the oath was signed “O. 0., comm’r of deeds,” without specifying the county or city for which the person signing it was a commissioner. It appeared, however, that he was in fact a commissioner of deeds for the city of Albany. C. P. Collier, for the defendant, moved to dismiss the bill of complaint, or to have it taken off the files, for a…
1Opinion of the Court
The Chancellor
decided that objections to the regularity of the complainant’s proceedings in obtaining their judgment at law, or in issuing and returning the execution, or in executing the same, could not be considered by this court; but that the defendant must apply to the court of law for relief. He also held that there was no validity in the objection to the form of the jurat; as the complainants could be convicted of perjury upon such a jurat, if they had sworn falsely; and that as the officer before whom the bill was sworn to was only authorized to administer the oath within the city of…
2Cited by4 opinions
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