In re Fitzgerald
New York Supreme Court
This was an application to supersede an attachment issued against the property of Fitzgerald, as an absconding or concealed debtor. The principles on which it was urged are so fully detailed in the opinion of the court, that it is not necessary to do more than state the judgment of the court, which was delivered by
1Opinion of the CourtLivingston, J.
We are asked for this supersedeas on two grounds:
First. Because Fitzgerald, being a non-resident, was not liable, although transiently within the state at the time, to have his property attached as an absconding or concealed debtor, but ought to have been proceeded against as an absent debtor.
Secondly. Because the creditor, who obtained the attachment, being also resident abroad, had no right to this remedy against Fitzgerald, if the latter be regarded as an absent debtor. We think both these objections are well taken.
The act throughout contemplates two classes of debtors, those who reside…
2Cited by9 opinions
- Crawford v. WilsonNew York Supreme Court · 1848
- In re WrigleyNew York Supreme Court · 1830
- Matter of BonnaffeNew York Court of Appeals · 1861
- Ex parte SchroederNew York Supreme Court · 1827
- Bradhurst v. The President and Directors of the First Great South Western Turnpike Road Co.New York Supreme Court · 1819
4 more not listed; retrieve them via the Exa API.