Stevens v. Benton
New York Supreme Court
Appeal from an order of the County Court of Oneida county, denying a new trial. The material facts arc stated in the opinion.
1Opinion of the Court
By the Court.
Foster, J.
On the 17th day of June, 1868, the plaintiff appeared before Dexter Gilmore, a justice of the peace of the county of Oneida, and made oath in writing that Seth P. Benton was justly indebted to him on a demand, arising on contract, in the sum of $200 over and above all discounts, &c. That Benton was not a resident of the county of Oneida “ and that no warrant can issue against him on the demand of this deponent, according to the act to abolish imprisonment for debt and to punish fraudulent debtors.” lie also gave bail pursuant to the said act, and demanded that an…
2Cases cited1 opinion
- Lewis v. TrickeyNew York Supreme Court · 1855
3Cited by2 opinions
- Shaffer v. . RiseleyNew York Court of Appeals · 1889
- Clearwater v. BrillNew York Supreme Court · 1875