Umla v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal from Kings county court. Action by Charles Umla against John B. Bennett. From a judgment of the county court affirming a judgment of a justice in favor of plaintiff, defendant appeals.
1Opinion of the CourtWillard Bartlett, J.
The justice of the peace, if he acquired any jurisdiction to render judgment against the defendant, obtained it by means of the levy of an attachment which he issued upon affidavits alleging that the defendant was about to dispose of his property with intent to defraud his creditors, and had departed from Kings county with such intent, or with intent to avoid service of process, and was a nonresident of the county of Kings, then residing in New York City. The attachment proceedings are attacked, in behalf of the defendant, on this appeal, as having been insufficient to confer jurisdiction…
2Cases cited1 opinion
- Egbert v. WatsonNew York Court of Common Pleas · 1861