Legal Opinion

Bennett v. Brown

New York Supreme Court

Decided January 5, 1857PublishedCited by 1 opinion

THIS was an appeal, by the defendant, from a judgment entered in favor of the plaintiffs, upon the report of a referee. The action was brought in March, 1845, upon a bond executed by the defendant and one George Smead, to the plaintiffs, upon an application being made by Smead to a justice of the peace of St. Lawrence county, for an attachment against the property of the present plaintiffs, under the “ act to abolish imprisonment for debt and to punish fraudulent debtors."

Read the full summary

THIS was an appeal, by the defendant, from a judgment entered in favor of the plaintiffs, upon the report of a referee. The action was brought in March, 1845, upon a bond executed by the defendant and one George Smead, to the plaintiffs, upon an application being made by Smead to a justice of the peace of St. Lawrence county, for an attachment against the property of the present plaintiffs, under the “ act to abolish imprisonment for debt and to punish fraudulent debtors." The bond was conditioned, that if the said attachment should be issued and the said George Smead should pay to the…

1Opinion of the Court

By the Court, Pratt, J.

This action was brought, under the old practice, upon a bond given by the defendant to the plaintiffs, upon an application made by one Smead for an attachment against the property of the plaintiffs, before a justice in St. Lawrence county. Smead recovered judgment before the justice, against the plaintiffs, which was afterwards reversed by the common pleas of St. Lawrence county. On the game day of issuing the attachment another attachment was issued by the same justice, in favor of one Miller, upon which judgment was rendered against the Bennetts. The property taken…

2Cases cited3 opinions

  1. Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
  2. Ball v. GardnerNew York Supreme Court · 1839
  3. Fenno v. DickinsonNew York Supreme Court · 1847

3Cited by1 opinion

  1. Northrup v. GarrettNew York Supreme Court · 1879

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API