Connell v. Lasscells
New York Supreme Court
Error from the Montgomery common pleas. Lasscells sued out an attachment against Connell from a justice’s court, on an affidavit made by him that Connell was indebted to him in the sum of $45.46 on contract; that he had demanded payment, ■which had been refused, and that Connell also had refused to .give a judgment for the amount, saying, that his property, except some hay, was under mortgage, and that he wanted to have the management of his property himself.
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Error from the Montgomery common pleas. Lasscells sued out an attachment against Connell from a justice’s court, on an affidavit made by him that Connell was indebted to him in the sum of $45.46 on contract; that he had demanded payment, ■which had been refused, and that Connell also had refused to .give a judgment for the amount, saying, that his property, except some hay, was under mortgage, and that he wanted to have the management of his property himself. Lasscells further stated in the affidavit, that when he requested Connell to give him a judgment or security, he offered to give day of…
1Opinion of the Court
By the Court, Nelson, Ch. J.
The affidavit on which the attachment issued is defective. We might possibly have considered it sufficient to uphold the judgment until reversed ; but here is a direct proceeding to test its validity, and if sanctioned,, must be a precedent for all future cases. We have heretofore rejected the belief of the party,, and applying that rule to this, case, but little more is left than the refusal to give a confession of judgment. It is said he admitted that there was a mortgage upon his property • but that of itself is no evidence of a fraudulent disposition of it. So…
2Cases cited1 opinion
- Tallman v. BigelowNew York Supreme Court · 1833
3Cited by8 opinions
- Mosher v. People ex rel. ChildNew York Supreme Court · 1849
- Bowers v. BeckNevada Supreme Court · 1866
- Furman v. WalterNew York Supreme Court · 1856
- Decker v. BryantNew York Supreme Court · 1849
- Mott v. LawrenceNew York Court of Common Pleas · 1859
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