Smith v. Weed
New York Supreme Court
This was an action of assumpsit, tried at the Herkimer circuit in May, 1837, before the Hon. Jornr Willard, one of the circuit judges.
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This was an action of assumpsit, tried at the Herkimer circuit in May, 1837, before the Hon. Jornr Willard, one of the circuit judges. The plaintiff having sued out an attachment, issued by a justice of the peace of the county of Montgomery, against the goods and chattels of one John S. Joslin, by virtue of whice a levy was made upon a quantity of quarried stone as the property of Joslin, the defendant promised that if the stone was the property of Joslin, and the plaintiff would discharge his lien upon the same and discontinue further proceedings upon the attachment, he would pay the debt…
1Opinion of the Court
By the Court, Nelson, Ch. J.
The attachment appears to have been regularly issued under the provisions of 2 R. S. 230 § 26, et seq. as amended in respect to the preliminary proof by the act of 1831, to abolish imprisonment for debt, Statutes, Sess. of 1831, p. 404, § 35, for a sum not exceeding $100, upon the ground that the defendant in that process (Joslin) had absconded from the county with the intent to defraud his creditors. The authority given to a justice by the Revised Statutes to issue an attachment, was not abridged by the 34th section of the act of 1831, but on the contrary was…
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