People v. Spalding
New York Court of Chancery
These causes came before the chancellor on two several appeals from decisions of the vice chancellor of the 8th circuit. The proceedings in each cause were substantially the same. The first appeal was from an order in each case by which the vice chancellor refused a motion made by the defendants to set aside the attachment issued against them for a breach of an injunction in a cause in which S. R. Hathaway- and others were complainants.
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These causes came before the chancellor on two several appeals from decisions of the vice chancellor of the 8th circuit. The proceedings in each cause were substantially the same. The first appeal was from an order in each case by which the vice chancellor refused a motion made by the defendants to set aside the attachment issued against them for a breach of an injunction in a cause in which S. R. Hathaway- and others were complainants. The other was from the final order and decision of the court declaring them guilty of a contempt by a breach of the injunction; and adjudging them to pay a…
1Opinion of the Court
The Chancellor.
The question raised by the first appeal in each of these causes is whether the attachments were regularly issued on affidavits sworn before Hiram Gardner, a master in chancery at Lockport. It may be proper to remark that the affidavit, on which the motions to quash the attachments were founded, was wholly insufficient. It was not made by the defendants or their solicitor, but by their counsel. He does not pretend to have any knowledge of the facts on which the exception was founded, except from hearsay ; and no excuse is offered why the affidavit was made by the counsel instead…
2Cited by21 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
- Crook v. PeopleIllinois Supreme Court · 1855
- Ladner v. LadnerMississippi Supreme Court · 1968
- First Congregational Church v. City of MuscatineSupreme Court of Iowa · 1855
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