Marquissee v. Ormston
New York Supreme Court
This was an action of trespass, tried at the Otsego circuit in April, 1834, before the Hon. Robert Monell, one of the circuit judges. The defendant sold property of the plaintiff under a distress warrant, to satisfy a claim of rent, for which an'action ofirespass was brought.
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This was an action of trespass, tried at the Otsego circuit in April, 1834, before the Hon. Robert Monell, one of the circuit judges. The defendant sold property of the plaintiff under a distress warrant, to satisfy a claim of rent, for which an'action ofirespass was brought. The defendan t justified under the warrant whereby the constable was directed to distrain the goods and chattels of the plaintiff, in the' houses and premises occupied by him, in the town,&c. for $16,70,being the sum due for rent for said premises on theVUth August, 1832. Accompanying the warrant was an affidavit of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question which it is necessary or proper to discuss is the point decided by the judge, to wit, whether the affidavit of the landlord was a compliance with the statute ? The language of the statute is, “ That no officer shall proceed to make distress for rent, unless there be annexed to, or delivered with the warrant of distress an affidavit made by the landlord, for whose benefit the distress is to be made, or by his agent or receiver, before some officer authorized to administer oaths, specifying the amount of rent due, and the timefor which it accrued.” 2…
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