Ex parte Robinson
New York Supreme Court
In a proceeding against a person as an absconding debtor, the affidavit required by statute to be made by disinterested witnesses, though unqualified in its terms that the debtor had left the state with intent to defraud his creditors, is not enough to justify the issuing of a warrant; the witnesses must state the facts and circumstances to establish the grounds on which the application is made, so that the officer to whom the application is made may exercise a discretion in…
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In a proceeding against a person as an absconding debtor, the affidavit required by statute to be made by disinterested witnesses, though unqualified in its terms that the debtor had left the state with intent to defraud his creditors, is not enough to justify the issuing of a warrant; the witnesses must state the facts and circumstances to establish the grounds on which the application is made, so that the officer to whom the application is made may exercise a discretion in the matter. The proceedings in this case were brought up by certiorari. It was objected that the affidavit required by…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The statute prescribes, that whenever the debtor shall secretly depart from the state with intent to defraud his creditors, See,., application for an attachment may be made, &c. 1 R. S. 765, § 1. The application shall be made in writing, verified by the affidavit of the creditor, &c. and among other things, shall state “ the *673grounds” upon which it is founded. § 4. And the facts and circumstances to establish the grounds, &c. shall be verified by the affidavit of disinterested witnesses. The witnesses in this case state that they had inquired for R, at his late…
2Cases cited1 opinion
- Smith v. LuceNew York Supreme Court · 1835
3Cited by11 opinions
- Capehart's Ex'r v. DoweryWest Virginia Supreme Court · 1877
- Furman v. WalterNew York Supreme Court · 1856
- Frost v. WillardNew York Supreme Court · 1850
- Rash v. WhitneyMichigan Supreme Court · 1857
- Halliday v. NobleNew York Supreme Court · 1847
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