Marshall v. Canty
New York Court of Common Pleas
Appeal from a judgment of a district court in the city of New York. This action was brought by George Marshall against John Canty, in the district court, in the city of New York, for the Eighth Judicial District, upon a promissory note for §67.70. The plaintiff obtained an attachment under the act abolishing imprisonment for debt and to punish fraudulent debtors.
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Appeal from a judgment of a district court in the city of New York. This action was brought by George Marshall against John Canty, in the district court, in the city of New York, for the Eighth Judicial District, upon a promissory note for §67.70. The plaintiff obtained an attachment under the act abolishing imprisonment for debt and to punish fraudulent debtors. The constable who received the attachment, seized the stock and fixtures of a liquor store, and a quantity of wines, liquors, cigars, beer-pumps, and bottles; and on returning the attachment, indorsed on it the following certificate…
1Opinion of the Court
By the Court.—Hilton, J.
This action was commenced by attachment, under the authority contained in section 20 of the District Court Act of 1857 (1 Laws of 1857, 713, ch. 344, § 20), which applies to these courts all laws relating to attachments issued by justices of the peace. The constable returned that he served a copy of the attachment and inventory of the property seized, upon the brother of the defendant, James Canty, the person in charge of the said goods, because the defendant could not be found in the city and county of Hew York, that place being the last place of residence of the said…
2Cases cited4 opinions
- Wheeler v. LampmanNew York Supreme Court · 1817
- Stewart v. SmithNew York Supreme Court · 1837
- Watts v. WillettNew York Court of Common Pleas · 1858
- Barnes v. . HarrisNew York Court of Appeals · 1850