In re Clark
New York Supreme Court
Motion to set aside the attachment and subsequent proceedings against Clark, who was proceeded against under the statute as a non-resident debtor.(a) The application was made to a judge of the common pleas of New-York on the 22d May, 1841, who on the same day issued an attachment to the sheriff of the county of Rensselaer and made an order for the publication of the proper notice in the state paper and in a newspaper in New-York, and in another in Troy.
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Motion to set aside the attachment and subsequent proceedings against Clark, who was proceeded against under the statute as a non-resident debtor.(a) The application was made to a judge of the common pleas of New-York on the 22d May, 1841, who on the same day issued an attachment to the sheriff of the county of Rensselaer and made an order for the publication of the proper notice in the state paper and in a newspaper in New-York, and in another in Troy. The sheriff seized the property of the debtor to the amount of $2775,50 and returned the attachment to the judge in June, 1841, and the same…
1Opinion of the Court
By the Court, Jewett, J.
It is conceded that the papers presented to the officer were sufficient to confer upon him jurisdiction to issue the attachment, but it is insisted that the appointment of trustees was unauthorized and void, and that before that act was done all right to proceed further was lost on account of the delay which took place after the attachment was issued, before the notice was published. The debtor has nine *169months after the first publication of the notice to appear and discharge the attachment; (2 R. S. 8, § 31;) and his right so to do is to be stated in the notice; and if…
2Cases cited1 opinion
- In re HurdNew York Supreme Court · 1833
3Cited by4 opinions
- Hard v. ShipmanNew York Supreme Court · 1849
- In re BerryNew York Supreme Court · 1857
- Taylor v. ElliottIndiana Supreme Court · 1875
- Horne v. RochesterSupreme Court of New Hampshire · 1882