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13 Wend. 404

Comfort v. Gillespie

New York Supreme Court

Decided January 15, 1835

New York Supreme Court · decided 1835-01-15

Certiorari (o a justice of the peace. A judgment was rendered, by a justice of the peace of Sullivan county, in favor of Gillespie and others, administrators, &c. of S. J. Barkley, deceased, against Comfort, for $60.,”, besides $2,,™ costs.

Cited by 2 later decisions — most recently June 1858

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1835-01-15

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¶1By the Court,

Nelson, J.

¶2The attachment in this case appears to have been issued under the 34th section of the “ act to abolish imprisonment for debt and to punish f; audulent debtors.” Statutes, session of 1831, p. 404. And it is manifest that the justice exceeded his jurisdiction, as that act fixes fifty dollars as the extent of the demands for which justices may issue attachments. Besides, the bond was defective in not truly setting forth the suit in which the attachment issued, and the affidavit was wholly insufficient in omitting to state that the defendant was about to dispose of his property with the intent to defraud his creditors, and also in omitting to state the facts and circumstances upon which the applicant relied in support of his application. These omissions, it seems, were intended to be supplied by a verbal statement of the applicant, which the statute does not authorize.

¶3Judgment reversed.

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