In re Bronson
New York Supreme Court
*> MUM®()anoved" for' a Pule 'to show/cause why an attaelimení:should not issue .against Mitchill^for á publication in a gazette, of which he was the editor,, reflecting on Bronson, .for bringing a certaiu rsuit, in-which hé was plaintiff, and which was pending in this court. ■ '■ ' , The affidavits, on which the motion was founded, were entitled, f‘ In the matter of Isaac Bronson ánd Caldwell Mitchill ;n and Cloirden objected; that the affidavits'not being properly…
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*> MUM®()anoved" for' a Pule 'to show/cause why an attaelimení:should not issue .against Mitchill^for á publication in a gazette, of which he was the editor,, reflecting on Bronson, .for bringing a certaiu rsuit, in-which hé was plaintiff, and which was pending in this court. ■ '■ ' , The affidavits, on which the motion was founded, were entitled, f‘ In the matter of Isaac Bronson ánd Caldwell Mitchill ;n and Cloirden objected; that the affidavits'not being properly entitled, in the smEpending here, ought' not to be- read*' He cited Folger v. Hoogland, (5 Johns. Rep. 235.,) in which the court…
1Opinion of the Court
Thompson, Ch. J.
The1’ affidavits .are Wrongly entitled.. Until an attachment issues, the affidavits must fee entitled ih the Civil suit. There is-'no such suit pending here as that menti'oned in- the title -. of these affidavits^ ■- .. - ,'vv/:-
Spencer, J.
I-do ®ér.thipife '--fila*, pn. -an ’apptitjatión of this kind, the affidavits ought to fee entitled at all; but here they" áre entitled, and erroneously, and'eanhot be read. • >
Van Ness, J.
I -do not consider i| necessary that the affida* vits shoti-id fee entitled at all, and the present title may fee rejeeted as surplusage.M-t is merely to…
2Cited by10 opinions
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- Milliken v. SelyeNew York Supreme Court · 1846
- In re SturocSupreme Court of New Hampshire · 1869
- People v. ChrystalNew York Supreme Court · 1850
- Burleigh v. SartainSupreme Court of New Jersey · 1935
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