In re Marty
New York Supreme Court
An attachment was issued against Marty, on the application of Yaltellina. It appeared from the petition, that the creditor was a resident of the city of New-York, but the debt was contracted out of this state. After the attachment was issued, Marty applied to the judge who issued it, for a supersedeas, upon the ground that Yaltellina was not a resident of this state; and he read affidavits, which he claimed established this fact.
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An attachment was issued against Marty, on the application of Yaltellina. It appeared from the petition, that the creditor was a resident of the city of New-York, but the debt was contracted out of this state. After the attachment was issued, Marty applied to the judge who issued it, for a supersedeas, upon the ground that Yaltellina was not a resident of this state; and he read affidavits, which he claimed established this fact. The motion was denied,- and the proceedings were removed into this court by certiorari. The decision of the judge refusing a supersedeas was affirmed in this court…
1Opinion of the Court
By the Court,
Sill,- J.
The refusal of the supersedeas by the officer who granted the attachment was Clearly right. He could exercise no powers except those expressly conferred by the statute. And after the attachment had regularly issued, it could not be discharged by him,- except in one of the cases prescribed by the statute. Authority to make an order superseding the attachment, upon affidavits contradicting the fact of the creditor’s residence, is not found in the act authorizing this proceeding. It is claimed that the power is conferred on this court, and that we should treat this motion…
2Cases cited1 opinion
- In re GilbertNew York Supreme Court · 1832