Millius v. Shafer
New York Supreme Court
Error from the Columbia common pleas, to review a judgment of that court affirming a judgment rendered by a justice of the peace. The suit before the justice was by Jacob Shafer against Millius, and was commenced by attachment under .the act to abolish imprisonment for debt, &c.
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Error from the Columbia common pleas, to review a judgment of that court affirming a judgment rendered by a justice of the peace. The suit before the justice was by Jacob Shafer against Millius, and was commenced by attachment under .the act to abolish imprisonment for debt, &c. (Stat. 1831, p. 404, § 34.) Walter Shafer, as .the agent of the plaintiff, applied for the attachment and made a formal affidavit setting forth that the defendant was indebted to the plaintiff, and also stating certain facts tending to show that the defendant had assigned, disposed of or secreted his property, with…
1Opinion of the Court
By the Court, Beardsley, J.
1 think there was no error in acting upon these sworn statements although not signed by the deponents. The statute requires the proof- to be made by affidavit; (Laws 1831, p. 404, §35;) and these were affidavits although not signed. (Jackson v. Virgil, 3 John. 540.) The facts and circumstances stated in these papers fully warrant the conclusion that the defendant below had assigned, disposed of, or secreted his property, with intent to defraud his creditors, or that he was about to do so, and were therefore sufficient to justify the issuing of an attachment. (P.404,…
2Cases cited1 opinion
- Jackson ex dem. Kenyon v. VirgilNew York Supreme Court · 1808
3Cited by15 opinions
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
- Alford v. . McCormacSupreme Court of North Carolina · 1884
- State v. Board of County CommissionersNevada Supreme Court · 1869
- Metcalf v. PrescottMontana Supreme Court · 1891
- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
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