1 Wend. 90
Decided August 15, 1828
New York Supreme Court · decided 1828-08-15
A question was submitted to the court, for their advice, hy a commissioner, as to the allowance of a certiorari, to remove into this.court the proceedings in a case of insolvency, The principal ground upon which the certiorari was asked, was, that it was alleged that it did not appear that full six weeks notice to the creditors, to shew cause, had been given.
Good law ✅— No negative treatment on recordhow we know
Decided 1828-08-15
Cited by 7 later decisions — most recently May 1918
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1By the Court,
¶2The proof of publication was undoubtedly defective. The affidavit might be literally true, and yet only SO days notice be given. The statute requires the advertisement, or notice to the creditors to shew cause, to be published, for six weeks successively ; that is, during 42 days. The fact should be distinctly shewn, that the requisition of the statute has been complied with.