Kissock v. Grant
New York Supreme Court
ACTION brought to recover the value of property claimed to belong to the plaintiff, and alleged to have been wrongfully converted by the defendant. The defense was that the defendant caused the property to be taken and driven away by virtue of an attachment issued out of a justice’s court, and that he caused the property to be sold by virtue of an execution issued on a judgment rendered in said attachment suit.
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ACTION brought to recover the value of property claimed to belong to the plaintiff, and alleged to have been wrongfully converted by the defendant. The defense was that the defendant caused the property to be taken and driven away by virtue of an attachment issued out of a justice’s court, and that he caused the property to be sold by virtue of an execution issued on a judgment rendered in said attachment suit. The plaintiff’s answer to that was, that the defendant caused the property to he taken away under an attachment issued in favor of himself and one Hume, and caused it to he sold and…
1Opinion of the CourtBalcom, P. J.
I am of the opinion the judgment of the justice was not void. The affidavit, on which he issued the attachment, contained some legal evidence which tended to show the plaintiff had departed from the county of Delaware, where he last resided, with intent to defraud his creditors. (See Skinnion v. Kelley, 18 N. Y. Rep. 355.) It was sufficient to give the justice jurisdiction, and to uphold his judgment when attacked collaterally; and having jurisdiction, his error in subsequently issuing a summons and holding the cause open until its return, did not make his judgment entirely *149nugatory. (7 Barb.…
2Cases cited4 opinions
- Horton v. AuchmoodyNew York Supreme Court · 1831
- Landt v. HiltsNew York Supreme Court · 1855
- Skinnion v. . KelleyNew York Court of Appeals · 1858
- Parmelee v. Oswego & Syracuse RailroadNew York Supreme Court · 1850
3Cited by5 opinions
- Day v. . BachNew York Court of Appeals · 1881
- Gillett v. ThieboldSupreme Court of Kansas · 1872
- Kerry v. ArcherNew York Supreme Court · 1866
- Dusy v. HelmCalifornia Supreme Court · 1881
- Strang v. CookNew York Supreme Court · 1888