Van Kirk v. Wilds
New York Supreme Court
Motion for new trial. The action was trespass, for taking &c. four mules and the harness for the same, one wagon, four halters, one pair of bark sleds, two bags and six bushels of feed. It was tried before Mr. Justice Watson, at the Ulster circuit, in December, 1848. Upon the trial, the plaintiff proved that the defendant, who was a constable of the town of Wawarsing, took the property on the 11th of February, 1848, out of the possession of his agent, and afterwards sold it.
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Motion for new trial. The action was trespass, for taking &c. four mules and the harness for the same, one wagon, four halters, one pair of bark sleds, two bags and six bushels of feed. It was tried before Mr. Justice Watson, at the Ulster circuit, in December, 1848. Upon the trial, the plaintiff proved that the defendant, who was a constable of the town of Wawarsing, took the property on the 11th of February, 1848, out of the possession of his agent, and afterwards sold it. The defendant, to justify the taking, offered in evidence three attachments with his returns indorsed thereon, of which…
1Opinion of the Court
By the Court,
Harris, J.
The attachments by virtue of which the defendant justifies the taking of the property, are sought to be sustained under the 33d section of the act to abolish imprisonment for debt, which authorizes a defendant, not liable to arrest, to be proceeded against by summons or attachment, when not a resident of the county. Previous to the decision in Taylor v. Heath, (4 Denio, 592,) it had been supposed that such an attachment might be issued without any affidavit. The learned judge so held, upon the trial of this cause, and his decision is sustained by authority. (Clark v.…
2Cases cited2 opinions
- Taylor v. HeathNew York Supreme Court · 1847
- Clark v. LuceNew York Supreme Court · 1836
3Cited by9 opinions
- Wright v. PaigeNew York Supreme Court · 1862
- Wright v. PaigeNew York Court of Appeals · 1867
- Stewart v. BrownNew York Supreme Court · 1853
- Thayer v. WilletThe Superior Court of New York City · 1859
- Manhattan Gaslight Co. v. BarkerThe Superior Court of New York City · 1868
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