Northrup v. Garrett
New York Supreme Court
Appeal by the defendants from a judgment of tne County Court of Onondaga county, reversing a judgment of a justice of the peace. The action was brought upon a bond given by the defendants to the plaintiff, upon the defendant Garrett obtaining an attachment from a justice of the peace in an action brought by the defendant Garrett against the plaintiff, in which action Garrett’s .recorded affidavit was used to obtain the attachment, but no other written application was made.
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Appeal by the defendants from a judgment of tne County Court of Onondaga county, reversing a judgment of a justice of the peace. The action was brought upon a bond given by the defendants to the plaintiff, upon the defendant Garrett obtaining an attachment from a justice of the peace in an action brought by the defendant Garrett against the plaintiff, in which action Garrett’s .recorded affidavit was used to obtain the attachment, but no other written application was made. The justice rendered a judgment in this action of “no cause of action.”
1Opinion of the Court
Hardin, J. :
The defendants insist here that there was not sufficient proof given of a bond, to justify a recovery. The justice, before whom the attachment proceedings were had, was called as a witness in this action. He testified : “I have the affidavits on which attachment ,was issued. (Paper produced.) Objected to, for the reason ' *498(1) the docket does not show a written application; (2) that the docket shows the judgment has been paid ; (3) that it is insufficient and no foundation laid ; (4) the justice had no jurisdiction.” These objections were properly overruled and the affidavits…
2Cases cited7 opinions
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bennett v. . BrownNew York Court of Appeals · 1859
- Kelly v. . McCormickNew York Court of Appeals · 1863
- Coates v. CoatesThe Superior Court of New York City · 1853
- Paige v. FazackerlyNew York Supreme Court · 1862
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