Legal Opinion

Collins v. Ferris

New York Supreme Court

Decided August 15, 1817PublishedCited by 2 opinions

IN ERROR, to the court of common pleas of the county of Chenango. This was an action of trespass de bonis asportatis, brought by dol-lars, direct-ed the defendant in error against the plaintiff in error, a justice of the peace of the county of Chenango, for illegally issuing an against the defendant in error, the plaintiff below. The cause was tried in the October term, 1816, of the court below.

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IN ERROR, to the court of common pleas of the county of Chenango. This was an action of trespass de bonis asportatis, brought by dol-lars, direct-ed the defendant in error against the plaintiff in error, a justice of the peace of the county of Chenango, for illegally issuing an against the defendant in error, the plaintiff below. The cause was tried in the October term, 1816, of the court below. The attachment was issued at the suit of Thomas and theattach-meni con-stable there-in, Ephraim Webb, on the application and oath of Thomas Webb, by which the constable ivas required to attach the…

1Per curiam

This case comes before the court on a writ of error to the common pleas of Chenango county, and the question submitted to this court arises under a bill of exceptions tendered to the court below. The action was trespass, de bonis asporlalis, against the defendant below for issuing an attachment under the 33d section of the 25 dollar act, (1 R. L. 398.,) without having any other proof of the departure of the defendant than the oath of the plaintiff in the attachment. It is unnecessary here to determine whether the justice, by this procedure, made himself a trespasser or not ;(a) for the…

2Cited by2 opinions

  1. Adkins v. BrewerNew York Supreme Court · 1824
  2. Davis v. MarshallNew York Supreme Court · 1852

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