Legal Opinion

Dewey v. Greene

New York Supreme Court

Decided January 15, 1847PublishedCited by 8 opinions

Error to the Jefferson common pleas. Greene applied for an attachment against Dewey, before a justice of the peace, and made affidavit that the defendant wras indebted to him upon contract in the sum of six dollars, as near as he could calculate, over and above all discounts; and that the attachment was applied for on the ground that the defendant had fled from the county of Jefferson into the county of Lewis, as the deponent believed, to defraud his creditors; that the…

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Error to the Jefferson common pleas. Greene applied for an attachment against Dewey, before a justice of the peace, and made affidavit that the defendant wras indebted to him upon contract in the sum of six dollars, as near as he could calculate, over and above all discounts; and that the attachment was applied for on the ground that the defendant had fled from the county of Jefferson into the county of Lewis, as the deponent believed, to defraud his creditors; that the facts and circumstances upon which such belief was predicated were that said Dewey had that day fled from said county of…

1Opinion of the Court

By the Court, Beardsley, J.

That the defendant had fled from Jefferson to Lewis, was stated in the affidavit of the plaintiff as a mere matter of belief; he did not profess to have any knowledge on the subject, nor even to have been so informed. As I read the affidavit every thing therein stated is on belief and not as a matter of fact within the knowledge or information of the plaintiff. This was not enough to authorize an attachment. (Laws of 1831, p. 404, § 35.) On this ground the defendant objected to the attachment as irregular, but the objection was overruled and he then pleaded the…

2Cases cited2 opinions

  1. Avery v. SlackNew York Supreme Court · 1837
  2. Wheeler v. LampmanNew York Supreme Court · 1817

3Cited by8 opinions

  1. Dailey v. KennedyMichigan Supreme Court · 1887
  2. Baird v. HelferAppellate Division of the Supreme Court of the State of New York · 1896
  3. Pardee v. SmithMichigan Supreme Court · 1873
  4. Baird v. HelferAppellate Division of the Supreme Court of the State of New York · 1896
  5. Lazzarone v. OisheiSuperior Court of Buffalo · 1892

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