Miller v. Starks
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action against the plaintiff in error in the court below, which was commenced by warrant, the plaintiff below having first given the security required from non-residents.
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IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action against the plaintiff in error in the court below, which was commenced by warrant, the plaintiff below having first given the security required from non-residents. At the return of the warrant, the defendant below alleged that the plaintiff was not a non-resident, and not entitled to have a warrant; but no plea in abatement was regularly put in, and the plaintiff was sworn at the particular request of the defendant, as to his evidence, and the objection was there overruled. Issue was joined between the…
1Per curiam
The only question worthy of notice in this case is, that which relates to the offer on the part of the defendant, to set off the judgment which he had obtained against the plaintiff. This judgment would have been a good set-off had not the plaintiff’s goods and chattels been taken under the attachment, and were then remaining in the custody of the law, for the purpose of satisfying the judgment; and, if so, the judgment, so far as respects the liability of the plaintiff, was satisfied. The constable, upon the attachment* is required to take, and safely keep, the property, to satisfy the…
2Cited by3 opinions
- Latterett v. CookSupreme Court of Iowa · 1855
- Allen v. RostainSupreme Court of Pennsylvania · 1824
- Henshaw v. RobertsonCourt of Appeals of South Carolina · 1831