In re Fitch
New York Supreme Court
Motion to set aside an attachment. A warrant was issue(f by the Hon. J. O. Hoffman, one of the justices of the suPe™r court °f the city of New-York, the property of the debtor was attached, and the proceedings were returned to this court.
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Motion to set aside an attachment. A warrant was issue(f by the Hon. J. O. Hoffman, one of the justices of the suPe™r court °f the city of New-York, the property of the debtor was attached, and the proceedings were returned to this court. Two witnesses testified before the judge prev*pus *° the issuing of the warrant, that they believed that the debtor resided out of the state, but no proof was offered that the contract was made within this state, or that the creditors on whose application the warrant issued, resided here. A motion was now made to set aside the attachment and all subsequent…
1Opinion of the Court
By the Court, Savage, C. J.
The proceedings could be returned only to this court. No jurisdiction in these cases is given to the superior court of the city of New-York by the .statute creating that court. The judges of that court, however, have a right to act individually on applications to them under this act; but when they so officiate, they do so as commissioners of this court. The proof of the residence "abroad of the defendant was sufficient, but there should have been evidence that the defendant was indebted within this state, either by showing that the contract was made here, or that…
2Cases cited1 opinion
- People v. Sessions of ChenangoNew York Supreme Court · 1796
3Cited by16 opinions
- Horn v. Indianapolis National BankIndiana Supreme Court · 1890
- Morgan v. AveryNew York Supreme Court · 1850
- People ex rel. McKnight v. BeebeNew York Supreme Court · 1847
- Burwell & Morford v. Seattle Plumbing Supply Co.Washington Supreme Court · 1942
- Furman v. WalterNew York Supreme Court · 1856
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