Ex parte Chipman
New York Supreme Court
The relator resides at Crown Point, in the county of Essex. On the 15th of May last, he left home for Albany, for *6 purpose of making sale of his property at Crown Point. Previous to his departure, the object of his journey was cornmunicated to his neighbors, and was generally understood, He publicly took his departure in a canal boat, proceeded to Albany, and returned in the same boat within ten days.
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The relator resides at Crown Point, in the county of Essex. On the 15th of May last, he left home for Albany, for *6 purpose of making sale of his property at Crown Point. Previous to his departure, the object of his journey was cornmunicated to his neighbors, and was generally understood, He publicly took his departure in a canal boat, proceeded to Albany, and returned in the same boat within ten days. Two days after he left home, a creditor of the relator procured t|ie afg(]avjts of two persons that he had departed the state, with the intent, as they believed, of avoiding arrest, and of…
1Opinion of the Court
By the Court,
Woodworth, J.
The attachment must be superseded. The debtor had not departed from the state, nor was he concealed within it, with intent to defraud his creditors, or to avoid arrest, in which cases only can this process issue. His departure from his home was public, and its object notoriously known. On the merits, therefore, the motion must be granted. It is unnecessary to express an opinion as to the regularity of the proceedings, but, had it been necessary, the court probably would have directed a supersedeas on this ground. The affidavits are defective, and it may well be…
2Cited by2 opinions
- Orton v. NoonanWisconsin Supreme Court · 1871
- Kelley v. ForceSupreme Court of Rhode Island · 1889