Halliday v. Noble
New York Supreme Court
On error from the superior court of the city of New-York. The facts are stated in the opinion of the court. On the decision o.f the cause in the superior court, the following opinion was delivered by Chief Justice Jones, upon the demurrer of the defendant Livingston.
1Opinion of the Court
“ Jones, Ch. J.
The real question between the parties, is whether there was sufficient ground for the recorder to issue the warrant, and if not, did the party take such agency in procuring the warrant, as to expose him to an action for trespass.
The gist of the case is whether the recorder could grant the warrant on the information and belief’ of the party himself. There is no question between the- parties as to the jurisdiction of the recorder to grant the warrant on the application of the receiver, when a man was supposed to be in possession of property belonging to this insolvent…
2Cases cited19 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Ex Parte BurfordSupreme Court of the United States · 1806
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Gold v. BissellNew York Supreme Court · 1828
- Vosburgh v. WelchNew York Supreme Court · 1814
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3Cited by5 opinions
- Wade v. DoyleSupreme Court of Florida · 1880
- Milward v. HallettNew York Supreme Court · 1804
- In re CumminsSupreme Court of Colorado · 1891
- In re the Application for the Appointment of a Committee of the Person of MarksNew York Supreme Court · 1914
- Harley v. RitterNew York Court of Common Pleas · 1859