Skinnion v. . Kelley
New York Court of Appeals
Appeal from the Supreme Court. Action for taking certain personal property of the plaintiff. The defendant justified under an execution against the plaintiff, issued upon a judgment rendered by a justice of the peace, in an action commenced by attachment.
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Appeal from the Supreme Court. Action for taking certain personal property of the plaintiff. The defendant justified under an execution against the plaintiff, issued upon a judgment rendered by a justice of the peace, in an action commenced by attachment. The affidavits on which the attachment was allowed were sworn November 18th, 1853, and stated that Skinnion owed other debts than that to the applicant, the defendant in this case; that he was a tenant of the applicant, and had raised that season a good crop of grain—oats, corn, buckwheat and wheat—and had cut some twenty-six tons of hay;…
1Opinion of the Court
Johnson, Ch. J.
The attachment, the validity of which is collaterally attacked in this action, was issued under sections 34 and 35 of the act to abolish imprisonment for debt (Laws of 1831, ch. 300), as amended by chapter 107, of the Laws of 1842. To authorize an attachment under those sections it must, among other requisites, satisfactorily appear to the justice that the defendant is about to remove from tb° county any of his property, with intent to defraud liis creditors, or has assigned, disposed of, secreted, or is about to assign, dispose of or secrete any of his property with the like…
2Cases cited1 opinion
- Miller v. BrinkerhoffNew York Supreme Court · 1847
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