Ex parte Spencer v. Hilton
New York Supreme Court
The relator commenced a suit in this court against J. T. Hildreth, and obtained a warrant against him under the act to abolish imprisonment and punish fraudulent debtors, on an affidavit that Hildreth had fraudulently contracted the debt Respecting which the suit was brought, &c. Hildreth was arrested, served with a copy of the affidavit, and brought before the officer who issued the warrant.
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The relator commenced a suit in this court against J. T. Hildreth, and obtained a warrant against him under the act to abolish imprisonment and punish fraudulent debtors, on an affidavit that Hildreth had fraudulently contracted the debt Respecting which the suit was brought, &c. Hildreth was arrested, served with a copy of the affidavit, and brought before the officer who issued the warrant. On coming before the officer, he denied orally the allegations of the complainant, and required him to substantiate the same by proof. The complainant insisted that the affidavit on which the warrant had…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question is, what is the mode of proceeding, when the defendant is brought up upon a warrant issued under this act1? The language of the 7th section is, that “ he may controvert any of the facts and circumstances on which such warrant issued, and may, at his option, verify his allegations by his own affidavit.” Previous to the issuing of the warrant, satisfactory evidence must have been produced to the officer, proving the particulars required by the statute to be proved; this may have been done by the affidavit of the plaintiff, or of some other person or…
2Cited by6 opinions
- Bromley v. PeopleMichigan Supreme Court · 1859
- Holbrook v. OrglerThe Superior Court of New York City · 1875
- Dodge v. WaterburyNew York Supreme Court · 1828
- Morrison v. ReamWisconsin Supreme Court · 1842
- Goodwin v. SharkeyNew York Court of Common Pleas · 1868
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