Lynde v. Montgomery
New York Supreme Court
Error from the Cortland common pleas. Lynde sued out an attachment against Montgomery from a justice’s court, on the ground that Montgomery kept himself concealed to avoid the service of process.
Read the full summary
Error from the Cortland common pleas. Lynde sued out an attachment against Montgomery from a justice’s court, on the ground that Montgomery kept himself concealed to avoid the service of process. The affidavit upon which the attachment issued, after setting forth the indebtedness of Montgomery, stated that the applicant for the attachment took out a warrant, under the third section of the act to abolish imprisonment for debt and to punish fraudulent debtors, passed April 26, 1831, and that he, with the sheriff of the county, went to the place of residence of Montgomery, to arrest him on the…
1Opinion of the Court
By the Court,
Savage, C. J.
To justify the issuing an attachment in this case, the plaintiff should have proved that the defendant kept himself concealed with the intent to avoid the service of civil process. 2 R. S. 230, § 26. The question, therefore, is whether the warrant upon which an attempt was made to arrest the defendant, and to avoid which arrest he kept himself concealed, was civil or criminal process. It is argued in support of the judgment of the common pleas, that one object of the statute is to punish fraudulent debtors; that the warrant issues in the name of the people of the.…
2Cited by9 opinions
- Ex Parte MannCourt of Criminal Appeals of Texas · 1898
- Dixon v. StateTexas Supreme Court · 1847
- Bromley v. PeopleMichigan Supreme Court · 1859
- Townsend v. NebenzahlNew York Supreme Court · 1879
- Malone v. Handley, Reeves & Co.Supreme Court of Alabama · 1886
4 more not listed; retrieve them via the Exa API.