Legal Opinion

Umla v. Bennett

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by the defendant, John ¡D. Bennett, from an order of the County Court of Kings county, entered in the office of the clerk of the county of Kings on the 23d day of February, 1898, affirming a judgment of a justice of the peace of the former city of Brooklyn, in favor of the plaintiff. ■ . ■

1Opinion of the Court

Willard Bartlett, J.:

The justice of the peace, if he acquired any jurisdiction to render-judgment against the defendant, obtained it by means of the levy of an attachment, which he issued upon affidavits alleging that the defendant was about to dispose of his property, with intent to-defraud his creditors, and had departed from- Kings county with such intent, or with intent to avoid service of process, and was-a non-resident of the county of Kings, then residing in Few York city.

The attachment proceedings are attacked in behalf of the defendant on this appeal as having been insufficient to…

2Cases cited1 opinion

  1. Egbert v. WatsonNew York Court of Common Pleas · 1861

3Cited by1 opinion

  1. Appleton v. RoseAppellate Terms of the Supreme Court of New York · 1915

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