Brown v. Hinchman
New York Supreme Court
IN error, on certiorari, from a justice's court. Brown sued Hinchman, before a justice, by warrant, which was obtained on the oath of Brown, which satisfied the justice as to the propriety of issuing the warrant. The plaintiff declared on a pro. missory note. The defendant objected to the process which had been issued against him, and made oath that he was a freeholder withhi the county.
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IN error, on certiorari, from a justice's court. Brown sued Hinchman, before a justice, by warrant, which was obtained on the oath of Brown, which satisfied the justice as to the propriety of issuing the warrant. The plaintiff declared on a pro. missory note. The defendant objected to the process which had been issued against him, and made oath that he was a freeholder withhi the county. The plaintiff was nonsuited, on the ground that being a resident within the county, he could not, in any case, sue afreeholder of the county, by warrant.
1Per curiam
The warrant was obtained by virtue of the plaintiff's oath; and the act (sess. 31 c. 204. s. 4.) says, that if the plaintiff" shall prove to the satisfaction of any justice, that the defendant is about to depart," &c. he may have a warrant, though the defendant be a freeholder or inhabitant, having a family. Proof here, means legal evidence; and that cannot he the party's own *76oath, unless the statute expressly says so. Whenever the statute, as it does in several other places, admits proof by the party's own oath, the language of it is explicit; and the former ten pound act of 1801, relative…
2Cited by13 opinions
- Sheldon v. WrightNew York Supreme Court · 1849
- Broadhead v. McConnellNew York Supreme Court · 1848
- Conway v. HitchinsNew York Supreme Court · 1850
- Magill v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1833
- Halliday v. NobleNew York Supreme Court · 1847
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