Tallman v. Bigelow
New York Supreme Court
Error on certiorari to a justice’s court. Bigelow sued out an attachment against Tallman. The plaintiff, in the affidavit accompanying his application for process, stated that he believed that Tallman had departed from the county with intent to avoid his creditors, or to avoid the service of any process, and from reports and information, he believed that he kept out of the county to avoid paying his debts.
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Error on certiorari to a justice’s court. Bigelow sued out an attachment against Tallman. The plaintiff, in the affidavit accompanying his application for process, stated that he believed that Tallman had departed from the county with intent to avoid his creditors, or to avoid the service of any process, and from reports and information, he believed that he kept out of the county to avoid paying his debts. The affidavits of two disinterested witnesses, required in such cases, were also produced, one of whom stated that he had been informed that Tallman had departed the county, and, as his…
1Opinion of the Court
By the Court,
Nelson, J.
The power of this court to revise and correct the errors of inferior tribunals, so far as the jurisdiction of such tribunals is concerned, and the determination of questions of law arising before them and apparent upon the record or history of the proceedings, has been too often adjudged to admit of question. 2 Caines, 179. 20 Johns. R. 430. 5 Wendell, 98. 6 id. 564.
There can be no doubt the justice erred in issuing the attachment in this case, the affidavits of the plaintiff and of the witnesses being clearly defective, within the provisions of the statute, 2 R. S.…
2Cases cited2 opinions
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
- Comstock v. PorterNew York Supreme Court · 1830
3Cited by14 opinions
- Sheldon v. WrightNew York Supreme Court · 1849
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Johnson v. MossNew York Supreme Court · 1838
- Imbert v. HallockNew York Court of Common Pleas · 1862
- Pratt v. BogardusNew York Supreme Court · 1867
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