In re Hurd
New York Supreme Court
On the 30th December, 1831, an attachment was sued out under the act authorizing proceedings against absconding, concealed and non-resident debtors, by which the sheriff of New-York was commanded to attach and safely keep all the estate real and personal of Cyrus Hurd and Huntington Selden, in their capacity of administrators of Jesse Hurd deceased; which attachment was issued by the first judge of the New York common pleas, on an affidavit that Cyrus Hurd and Huntington…
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On the 30th December, 1831, an attachment was sued out under the act authorizing proceedings against absconding, concealed and non-resident debtors, by which the sheriff of New-York was commanded to attach and safely keep all the estate real and personal of Cyrus Hurd and Huntington Selden, in their capacity of administrators of Jesse Hurd deceased; which attachment was issued by the first judge of the New York common pleas, on an affidavit that Cyrus Hurd and Huntington Selden, administrators of Jesse Hurd deceased, were in their representative capacity indebted to Francis Saltus and…
1Opinion of the Court
By the Court,
Nelson, J.
By the provisions of the statute on this subject, the officer granting the warrant of attachment is required within twenty days after the appointment of trustees to make a report to this court of all the proceedings had before or done by him; and this court, upon an examination of such report, are authorized to correct any errors therein, and make such order as shall seem just. 2 R. S. 13, &c. § 68, 70. If, therefore, upon an examination of the report in this case, it appears that the officer granting the warrant of attachment had no jurisdiction in the matter, and that…
2Cases cited1 opinion
- Jackson ex dem. Murray v. WalsworthNew York Supreme Court · 1800
3Cited by19 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Staples v. . FairchildNew York Court of Appeals · 1849
- Hard v. ShipmanNew York Supreme Court · 1849
- Van Alstyne v. . ErwineNew York Court of Appeals · 1854
- Thorn & Robins v. WoodruffSupreme Court of Arkansas · 1843
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