Frost & Dickinson v. Brisbin
New York Supreme Court
Motion under the act to abolish imprisonment, Statutes, sess. of 1831, p. 396, § 1, 2, to be discharged from arrest, and that the bail bond given to the sheriff by the defendant be delivered up to be cancelled.
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Motion under the act to abolish imprisonment, Statutes, sess. of 1831, p. 396, § 1, 2, to be discharged from arrest, and that the bail bond given to the sheriff by the defendant be delivered up to be cancelled. In May, 1836, the defendant, a citizen and resident of this state, purchased a large amount of merchandize in the city of New-York, telling the merchants from whom the goods were purchased, that he was going to Milwaukie in the territory of Wisconsin, and that he intended to establish himself there as a merchant, and to make that place his future residence. He accordingly went to…
1Opinion of the Court
By the Court, Nelson, Ch. J.
The act of 1831, abolishing imprisonment for debt in this stale, provides that no person shall be arrested on civil process in suits brought upon contracts express or implied, except in cases where the defendant “ shall not have been a resident of this slate for at least one month previous, to the commencement of a suit against him.” The question here is, whether the defendant at the time of the arrest in May last, was a non resident, or in other words, whether he was a resident of the state for the above space of time within the meaning of the act.
If the decision…
2Cases cited3 opinions
- In re ThompsonNew York Supreme Court · 1828
- In re WrigleyNew York Supreme Court · 1830
- Jackson v. RogersNew York Supreme Court · 1796
3Cited by75 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Hollander v. Central Metal & Supply Co.Court of Appeals of Maryland · 1908
- Way v. WayIllinois Supreme Court · 1872
- Haggart v. . MorganNew York Court of Appeals · 1851
- Hardy v. De LeonTexas Supreme Court · 1849
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