Vosburgh v. Welch
New York Supreme Court
THIS was an action of trespass, tried before Mr. Justice Van Ness, at the Columbia circuit, in 1812. The declaration eontained several counts, for trespass guare clausum fregit, et deboms asportatis. At the trial, the plaintiff’s counsel, pursuant to previous notice for that purpose, called on the defendant to produce two writs of attachment, issued by the defendant, as justice of the peace, against the plaintiff, or that he would offer copies of them in evidence.
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THIS was an action of trespass, tried before Mr. Justice Van Ness, at the Columbia circuit, in 1812. The declaration eontained several counts, for trespass guare clausum fregit, et deboms asportatis. At the trial, the plaintiff’s counsel, pursuant to previous notice for that purpose, called on the defendant to produce two writs of attachment, issued by the defendant, as justice of the peace, against the plaintiff, or that he would offer copies of them in evidence. The originals not being produced, the copies were offered by the plaintiff. The first was dated the 25th of ' * October, 1811,…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. The statute (sess. 31. c. 204. s. 23.) requires the justice, before issu*177mg the attachment, to have satisfactory proof offered him, of the departure or concealment of the debtor, with intent to defraud his creditors, or to avoid being personally served with process, (a) A mere error in judgment as to the legality of the proof offered, would not make the magistrate a trespasser, by issuing the attachment. But such proof, in order to give jurisdiction to the justice, ought, at least, to be colourable. He cannot act upon his own knowledge, or…
2Cited by27 opinions
- Wall v. TrumbullMichigan Supreme Court · 1867
- Kerr v. . MountNew York Court of Appeals · 1863
- Sheldon v. WrightNew York Supreme Court · 1849
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Weaver v. AshcroftTexas Supreme Court · 1878
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