Smith v. Luce
New York Supreme Court
Error by certiorari from this court to a justice of the peace. Luce commenced a suit by attachment, under the “ act to abolish imprisonment for debt and to punish fraudulent debtors.” Session Laws, 1831,p. 404, §34, 35. The attachment was served.
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Error by certiorari from this court to a justice of the peace. Luce commenced a suit by attachment, under the “ act to abolish imprisonment for debt and to punish fraudulent debtors.” Session Laws, 1831,p. 404, §34, 35. The attachment was served. On the day to which the trial of the cause was adjourned, the defendant appeared and objected to further proceedings, on the ground of the insufficiency of the plaintiff’s affidavit, which it was alleged was made in reference to the act to abolish imprisonment, &c., and the attachment was issued under the old law. The objections were overruled, and…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question in this case is, whether the affidavit was sufficient to authorize the issuing an attachment.
It is admitted that the proceeding was under the act of 1831. Session Laws, p. 404, § 34, 35. By the 34th section of that act, it is enacted that suits may be commenced before *238justices, by attachment, upon contract, express or implied, or or upon any judgment for $50 or less, “ whenever it shall satisfactorily appear to such justice that the defendant is about to remove from the county any of his property, with intent to defraud his creditors, or has…
2Cited by25 opinions
- Rice v. AmesSupreme Court of the United States · 1901
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Delaplain v. ArmstrongWest Virginia Supreme Court · 1882
- Capehart's Ex'r v. DoweryWest Virginia Supreme Court · 1877
- Morgan v. AveryNew York Supreme Court · 1850
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