Bump v. Dehany
New York Supreme Court
Appeal from Madison county court. Action by A. Melvin Bump against Michael Dehany. The justice issued a summons, which was personally served on the defendant on that day by a constable by delivering to the defendant a copy.
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Appeal from Madison county court. Action by A. Melvin Bump against Michael Dehany. The justice issued a summons, which was personally served on the defendant on that day by a constable by delivering to the defendant a copy. On the same day an affidavit was presented and an application made for an attachment, which affidavit was as follows: “A. Melvin Bump, being duly sworn, deposes and says that he is the plff. in the above-entitled action, and is entitled to recover of the defendant the sum of $48.72, with interest on a certain demand assigned me by Thomas O. Taylor of $16.25, and interest…
1Opinion of the CourtHardin, P. J.
Under section 2906 of the Code of Civil Procedure the plaintiff, in order to entitle himself to an attachment, was required to show by affida vit, to the satisfaction of the j ustice, that the defendant “ had depar , or is about to depart, from the county where he last resided, with intent to "defraud his creditors, or to avoid the service of a summons; or keeps himself concealed with the like intent.” We think the affidavit was insufficient. In Thompson v. Later, 10 N. Y. Supp. 613, it was said: “Attachments are not to be granted on beliefs and suspicions. They operate to give an advantage…
2Cases cited2 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Thompson v. DaterNew York Supreme Court · 1890
3Cited by8 opinions
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- Angell v. HillNew York Supreme Court · 1892
- Wildman v. Van GelderNew York Supreme Court · 1891
- Kingsford v. ButlerNew York Supreme Court · 1893
- Platz v. Burton & Cory Cider & Vinegar Co.Albany City Court · 1894
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