Bascom v. . Smith
New York Court of Appeals
This was an action in the nature of trover for two horses, tried at the Washington Circuit, September, 1858, before Justice Allen and a jury. The plaintiffs claimed the two horses in question under a chattel mortgage executed by Joseph and Orange Collins, who then resided at Whitehall, in Washington county. The defendant justified under an attachment issued by a justice of the peace of Saratoga county, in favor of Nelson Shouts against the mortgagors.
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This was an action in the nature of trover for two horses, tried at the Washington Circuit, September, 1858, before Justice Allen and a jury. The plaintiffs claimed the two horses in question under a chattel mortgage executed by Joseph and Orange Collins, who then resided at Whitehall, in Washington county. The defendant justified under an attachment issued by a justice of the peace of Saratoga county, in favor of Nelson Shouts against the mortgagors. On the trial, after the plaintiffs had rested, the defendant offered in evidence a transcript from the docket of James Lee, a justice of the…
1Per curiam
As against third parties, the affidavit in this case is sufficient to sustain the jurisdiction of the justice. The non-residence of the defendants, though informally, is sufficiently alleged. The justice was sufficiently satisfied of the facts to issue his warrant, and third parties cannot attack it collaterally.
The objection that the. bond was not legally approved by the justice, is not well taken. It certainly was taken by him as sufficient for the.0purpose for which it was given, and, as against third parties, it is sufficient, though he does not certify expressly that it was executed in…
2Cases cited4 opinions
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Johnson v. MossNew York Supreme Court · 1838
- Reno v. . PinderNew York Court of Appeals · 1859
- Legg v. StillmanNew York Supreme Court · 1823
3Cited by4 opinions
- Butterfield v. MillerCourt of Appeals for the Sixth Circuit · 1912
- Reinmiller v. SkidmoreNew York Supreme Court · 1872
- Talcott v. RosenbergNew York Court of Common Pleas · 1870
- Clearwater v. BrillNew York Supreme Court · 1875