Johnson v. Moss
New York Supreme Court
Common law certiorari to a justice’s court, returnable in this court. Moss, on the 16th May, 1836, sued out an attachment against the goods and chattels of Johnson.
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Common law certiorari to a justice’s court, returnable in this court. Moss, on the 16th May, 1836, sued out an attachment against the goods and chattels of Johnson. He made affidavit that Johnson was indebted to him in the sum of $27, over and above all discounts ; that he believed Johnson had departed the county with intent to defraud his creditors, and then stated the facts and circumstances on which he grounded his belief, viz. that Johnson was a man of but little property and owed a good many debts j that he departed the county of Otsego in a clandestine manner in March last, taking with…
1Opinion of the Court
By the Court, Bronson, J.
This attachment issued under the provision, 2 R. S. 230, § 26, 28, as amended by Laws of 1831, p. 404, § 35, on the ground that the defendant had departed from the county where he last resided, with intent to defraud his creditors. In stating the intent with which the defendant departed, the applicant as must generally be the case, only swears to his belief; but the facts and circumstances on which the application was founded, are directly and positively alleged. The ease does not fall within those of 10 Wendell, 420, and 14 id. 237.
The attachment did not issue…
2Cases cited2 opinions
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Tallman v. BigelowNew York Supreme Court · 1833
3Cited by21 opinions
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- State ex rel. Reider v. Moniteau County CourtMissouri Court of Appeals · 1891
- Baizer v. LaschWisconsin Supreme Court · 1871
- Van Alstyne v. . ErwineNew York Court of Appeals · 1854
- People ex rel. Van Rensselaer v. Van AlstyneNew York Supreme Court · 1860
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