Clark v. Luce
New York Supreme Court
Error from the Monroe common pleas. On the 6th July, 1833, Luce sued out an attachment against Clark under the thirty-third section of the act to abolish imprisonment, &c. Session Laws of 1831,p. 403,which was issued by a justice of the peace of the county of Monroe, founded on an affidavit of Luce that Clark was a non-resident of that county, and was indebted to him in the sum of about $50, over and above all discounts, and that such indebtedness arose on contract.
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Error from the Monroe common pleas. On the 6th July, 1833, Luce sued out an attachment against Clark under the thirty-third section of the act to abolish imprisonment, &c. Session Laws of 1831,p. 403,which was issued by a justice of the peace of the county of Monroe, founded on an affidavit of Luce that Clark was a non-resident of that county, and was indebted to him in the sum of about $50, over and above all discounts, and that such indebtedness arose on contract. On the return day of the attachment, the planintiff declared for the rent of a house and lot, and the defendant pleaded in…
1Opinion of the Court
By the_ Court,
Savage, Ch. J.
The regularity of the issuing of the attchment is the principal, perhaps the only point in the case. It was issued under the 33d section of the act of 1831; but it is necessary to refer to some of the previous sections. The 30th section prohibits imprisonment upon execution on justices’ judgments, except in four cases: 1. Where the person against whom it issues has not resided within this state for 30 days before suit commenced ; 2. Where the judgment was for money collected as a public officer; 3. For official misconduct or deglect of duty; 4. For damages for…
2Cited by9 opinions
- Taylor v. HeathNew York Supreme Court · 1847
- Van Kirk v. WildsNew York Supreme Court · 1851
- Bates v. Relyea & WrightNew York Supreme Court · 1840
- Clute v. Fitch & GriswoldNew York Supreme Court · 1857
- Davis v. MarshallNew York Supreme Court · 1852
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