Happy v. . Mosher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment entered upon a verdict in favor of plaintiff, and affirming an order denying a motion for anew trial.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment entered upon a verdict in favor of plaintiff, and affirming an order denying a motion for anew trial. (Reported below, 47 Barb., 501.) This action is upon a bond given by the defendants, in order to obtain the discharge of a vessel which had been seized under a warrant of attachment, issued by the county judge of Ulster county, to enforce an alleged lien of the plaintiff thereon, according to the provisions of chapter 482, Laws of 1862. The answer contains a general denial and…
1Opinion of the Court
Eakl, C.
It is claimed that the statute of 1862, by which this lien was created and under which the attachment proceedings were instituted is void, as in conflict with the constitutional provision which provides that no person shall be deprived of his property “ without due process of law.”
In Sheppard v. Steele (43 N. Y., 52), it was held that this statute was not unconstitutional as infringing upon the right of trial by jury. As appears by the opinion of Judge Folg-er, it was claimed on the argument of that case, by the counsel for the appellant, that the statute was also void because it…
2Cases cited2 opinions
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Rockwell v. . NearingNew York Court of Appeals · 1866
3Cited by50 opinions
- People, Ex Rel. McDonald v. . KeelerNew York Court of Appeals · 1885
- Matter of BarnesNew York Court of Appeals · 1912
- Mabee v. McDonaldTexas Supreme Court · 1915
- Colon v. LiskAppellate Division of the Supreme Court of the State of New York · 1897
- Gilchrist v. SchmidlingSupreme Court of Kansas · 1873
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