Clark v. Wellington
New York Supreme Court
Appeal from a judgment of the County Court of Greene county, reversing a judgment in favor of the plaintiff, recovered in a justice’s court.. A short summons was issued in this action upon the following affidavit: Geeene County, ss.
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Appeal from a judgment of the County Court of Greene county, reversing a judgment in favor of the plaintiff, recovered in a justice’s court.. A short summons was issued in this action upon the following affidavit: Geeene County, ss. George Clark being duly sworn, deposes and says, that he has, as he believes, a good cause of action arising on contract against Isaac B. Wellington, who is a resident of the city of New York, upon which, according to the provisions of the thirty-first section of the act'to abolish imprisonment for debt and to punish fraudulent debtors, no warrant can issue…
1Opinion of the Court
Bookies, J.:
The plaintiff’s affidavit contained, as we think, all that was necessary to obtain a short summons. It stated that he had, as he believed, a good cause of action against the defendant arising on contract, “ upon which, according to' the provisions of the thirty-first section of the act to abolish imprisonment for debt and to punish fraudulent debtors, no warrant could issue ; ” and further, that both plaintiff and defendant were non-residents of the county. It is conceded that all requisite formalities were observed to‘authorize the proceeding by short process, in case it was…
2Cases cited1 opinion
- Waters v. WhitamoreNew York Supreme Court · 1852