Riley v. Skidmore
New York Supreme Court
Appeal from circuit court, Orange county. E. S. Riley sued Thomas H. Skidmore and Stephen M. Bull for damages by wrongful attachment. The affidavit in the attachment suit alleged that plaintiff was entitled to recover a certain sum above “all counter-claims known to deponent,” but did not state, “known to plaintiff.” The justice allowed plaintiffs to amend their undertaking. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtPratt, J.
The affidavit made before the justice stated facts sufficient to call for an exercise of his judicial discretion. That gave him jurisdiction to issue the attachment. There is no evidence of any abuse of the process. The property attached was not enough to satisfy the execution. The permission accorded to the plaintiffs by the justice of the peace to file an amended undertaking nunc pro tune was within his power, and was in furtherance of justice. Judgment affirmed, with costs.
2Cited by2 opinions
- Dale v. GilbertNew York Supreme Court · 1891
- Bartlett v. BunnNew York Supreme Court · 1889