Vredenburgh v. Hendricks
New York Supreme Court
This was an action for false imprisonment. It was tried before Mr. Justice Wright, at the Ulster circuit, in November, 1852. It appeared upon the trial, that the plaintiff had been arrested by the direction of the defendant, on a warrant issued by the county judge of Ulster, upon the application of the defendant, under the non-imprisonment act of 1831. The defendant sought to justify the arrest, under that warrant.
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This was an action for false imprisonment. It was tried before Mr. Justice Wright, at the Ulster circuit, in November, 1852. It appeared upon the trial, that the plaintiff had been arrested by the direction of the defendant, on a warrant issued by the county judge of Ulster, upon the application of the defendant, under the non-imprisonment act of 1831. The defendant sought to justify the arrest, under that warrant. The affidavit upon which the warrant was granted, after stating the indebtedness of the plaintiff to the defendant, for-which a suit had been commenced, charged that the plaintiff…
1Opinion of the Court
By the Court, Harris, J.
The complaint upon which the defendant founded his application for a warrant was, that the plaintiff, being indebted to him,- “ had assigned, removed or disposed of, or was about to dispose of, his property, with intent to defraud his creditors.” Upon his establishing this charge by satisfactory evidence, in the form of affidavit,' produced before the county judge, that officer was authorized to grant the warrant. Until such evidence should be presented, the judge was expressly prohibited, by the terms of the act, from taking jurisdiction. His power has been aptly…
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