In re Warner

Decided October 15, 1829

New York Supreme Court · decided 1829-10-15

Motion to set aside attachment. The attachment was issued by the recorder of New-York, on the petition of a creditor stating that the parties proceeded against were indebted to his firm in the sum of $100 or upwards; that they had departed this state, or were concealed within it, with intent to defraud their creditors, or to avoid being arrested by ordinary process of law.

Decided 1829-10-15

¶1By the Court,

Marcy, J.

¶2This motion probably originated from a misconception of Fitch’s case, (2 Wendell, 298.) That was a proceeding against an absent debtor; this is against absconding or concealed debtors. The proof of indebtedness within the state, to authorize the issuing of the attachment, is necessarily implied in the evidence that the defendant has departed the state, or is concealed within it. If concealed within the state, his residence is here; and if departed from the state, his residence must have been here previous to such departure. Previous to his concealment or departure, he must have been a resident; and if so, being here, he was indebted within this state. The motion, therefore, is denied.