Legal Opinion

Bissell v. Hills

New York Supreme Court

Decided October 15, 1829PublishedCited by 1 opinion

This was an action for false imprisonment, tried at Oneida circuit in October, 1828, before the Hon. Nathan Williams, one of the circuit judges. ■ The false imprisonment complained of, was an arrest in a civil suit on a warrant issued by a justice of the peace on 29th a -.rx - • i i . r . August, 1827, agamstthe now plaintiff at the suit of the present defendant and another person.

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This was an action for false imprisonment, tried at Oneida circuit in October, 1828, before the Hon. Nathan Williams, one of the circuit judges. ■ The false imprisonment complained of, was an arrest in a civil suit on a warrant issued by a justice of the peace on 29th a -.rx - • i i . r . August, 1827, agamstthe now plaintiff at the suit of the present defendant and another person. The warrant was issued j. on the oath of the now defendant, that the plaintiffs in that suit would be in danger of losing their demand unless the process against the defendant in the same was by warrant; the now…

1Opinion of the Court

*390 By the Court,

Marcy, J.

The only question presented yjj 0f exceptions in this case is, whether a party, applying in his own behalf for a warrant under the fifth section of the act for the better and more speedy re covery of debts of the value of fifty dollars, (Statutes, vol. 6, 281, c. passed in 1824,) can make, by his own oath alone, the satisfactory proof therein required, that the defendant is about to depart from the county, or that the plaintiff will be in danger of losing his demand unless the process be by warrant.

It is true that this court, in expounding similar expressions in the…

2Cited by1 opinion

  1. Ragland v. MilamSupreme Court of Alabama · 1846

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