Schoonmaker v. . Spencer
New York Court of Appeals
Appeals froto judgments of the General Term of the Supreme Court in the third judicial district, affirming judgments of the County Court of tJlster county, which reversed judgments of a Justice’s Court in favor of plaintiffs.
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Appeals froto judgments of the General Term of the Supreme Court in the third judicial district, affirming judgments of the County Court of tJlster county, which reversed judgments of a Justice’s Court in favor of plaintiffs. These actions were commenced by attachment under the provisions of 2 Eevised Statutes (p. 230, §§ 26, 27, 28) upon the ground that defendant had departed from the county of Ulster, where he last resided, and from the State, with intent to defraud his creditors. The only questions presented were as to the jurisdiction of the justice to issue the attachments. The facts…
1Opinion of the Court
Reynolds, C.
These cases' were heard together as one cause as there is no substantial difference between them, and they are in brief this: Suits by attachment were commenced against the defendant before a justice of the peace in Ulster county, upon the ground that he had departed from the county of Ulster, where he last resided, and from the State" of Hew York, to defraud his creditors, and the question is whether the affidavits upon which the attachments were issued' gave the justice jurisdiction. Judgments were given for the' plaintiff by the justice, which were reversed by the County Court…
2Cases cited1 opinion
- Van Alstyne v. . ErwineNew York Court of Appeals · 1854
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