Decker v. Bryant
New York Supreme Court
This was an action of trespass, brought by the plaintiff against the defendant, to recover damages for seizing and taking certain goods, wares and merchandise at the town of Chateau-gay in the county of Franklin, about the 6th day of September, 1847. The defendant pleaded the general issue, and gave notice in substance that he would prove on the trial that on the 6th day of September, 1847, a certain writ of attachment was duly issued by Joseph R Flanders, Esq. county judge…
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This was an action of trespass, brought by the plaintiff against the defendant, to recover damages for seizing and taking certain goods, wares and merchandise at the town of Chateau-gay in the county of Franklin, about the 6th day of September, 1847. The defendant pleaded the general issue, and gave notice in substance that he would prove on the trial that on the 6th day of September, 1847, a certain writ of attachment was duly issued by Joseph R Flanders, Esq. county judge of said county, pursuant to the statute concerning attachments against absconding, concealed and non-resident debtors,…
1Opinion of the Court
By the Court, Allen, J.
It was not made a point upon the trial that the warrant of attachment, being fair upon its face, protected the officer, and that the defendant was not bound to go back of it and show jurisdiction in the officer issuing it, and therefore the point was not properly taken upon the argument of the motion for a new trial, upon a bill of exceptions. But had this point been taken upon the trial, it could not have aided the defendant. As against the person named in the process the warrant, if fair upon its face, and showing jurisdiction in the officer, would have protected the…
2Cases cited4 opinions
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Smith v. LuceNew York Supreme Court · 1835
- In re HurdNew York Supreme Court · 1833
- Connell v. LasscellsNew York Supreme Court · 1838
3Cited by7 opinions
- Maas v. Midway Chevrolet Co.Supreme Court of Minnesota · 1945
- Schneider v. HutchinsonOregon Supreme Court · 1899
- Furman v. WalterNew York Supreme Court · 1856
- Fairbanks v. BennettMichigan Supreme Court · 1883
- Hinds v. FagebankSupreme Court of Minnesota · 1864
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