Bates v. Relyea & Wright
New York Supreme Court
Attachment under § 33, of non-imprisonment act. The plaintiff sued in trespass de bonis asportatis. The defendants interposed two special pleas: 1. That the the plaintiff was a nonresident of the county of Albany and was indebted to them, they being residents of that county, in the sum of $50, on contract, over and above all discounts; that on the fourth day of June, 1838, they applied to the justices’ court of Albany, according to the provisions of the act to abolish…
Read the full summary
Attachment under § 33, of non-imprisonment act. The plaintiff sued in trespass de bonis asportatis. The defendants interposed two special pleas: 1. That the the plaintiff was a nonresident of the county of Albany and was indebted to them, they being residents of that county, in the sum of $50, on contract, over and above all discounts; that on the fourth day of June, 1838, they applied to the justices’ court of Albany, according to the provisions of the act to abolish imprisonment, &e. for process by attachment against the property of the plaintiff, and in support of such application, made…
1Opinion of the CourtCowen, J.
By the Court, The attachment in this particular case of a nonresident defendant is given by the 33d section of the non-imprisonment act. Statutes of 1831, p. 403. The same act, so far as is material here, is incorporated *in 2 R. S. 2d ed. p. 193, et seq. See es- [ *337 ] pecially p. 201 and 202. Section 33 is, that “ whenever by the provision of the 30th section of this act, no warrant can issue, and the de*337fendant shall reside out of the county, he shall be proceeded against by summons or attachment, returnable not less than two nor more than four days from the date thereof; which shall be…
2Cases cited3 opinions
- Ackerman v. FinchNew York Supreme Court · 1836
- Clark v. LuceNew York Supreme Court · 1836
- Smith v. WeedNew York Supreme Court · 1838
3Cited by8 opinions
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1908
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Shreve v. CheesmanCourt of Appeals for the Eighth Circuit · 1895
- Germania Iron Co. v. JamesCourt of Appeals for the Eighth Circuit · 1898
- Atchison, Topeka & Santa Fé Railroad v. City of AtchisonSupreme Court of Kansas · 1892
3 more not listed; retrieve them via the Exa API.