Bennett v. . Brown
New York Court of Appeals
M. Bennett and J. Bennett brought an action in the supreme court against Brown, on an attachment bond. One Smeads had procured from a justice of the peace of the county of St. Lawrence, an attachment against the property of the Bennetts, who were non-residents of that county, and on the issuing of the process the bond .was given, upon which the present action was brought, Brown being the surety therein. The defendant had judgment in the supreme court on demurrer to his plea.
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M. Bennett and J. Bennett brought an action in the supreme court against Brown, on an attachment bond. One Smeads had procured from a justice of the peace of the county of St. Lawrence, an attachment against the property of the Bennetts, who were non-residents of that county, and on the issuing of the process the bond .was given, upon which the present action was brought, Brown being the surety therein. The defendant had judgment in the supreme court on demurrer to his plea. The plaintiff appealed to this court. The question is stated in the opinion of Gardiner, J.
1Concurrence
The supreme court decided long ago, that neither affidavit nor bond was necessary on issuing an attachment against a non-resident debtor, under the 33d section of the non-imprisonment law, (Clark v. Luce, 15 Wend. 479; Bates v. Relyea, 23 id. 336,) and although there is room for question whether the proper construction was given to the statute, (Taylor v. Heath, 4 Denio, 592,) still, as it is not a palpable case of error, and the decisions in question have been acted on for many years, I think they should now be followed. A great number of attachments have undoubtedly been issued against…
2Cases cited1 opinion
- Taylor v. HeathNew York Supreme Court · 1847