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Judgment affirmed. Held, that it was necessary for the constable (the defenants’ intestate) to show a valid attachment to make out a defense (5 Hill, 194; 6 id., 311); that the affidavits on which the attachment was issued were insufficient to confer jurisdiction upon the justice, and that consequently the constable was not in a position to question the good faith of the plaintiff’s mortgage.
Hardin, J., not participating in the decision.
Document Info
Citation Numbers: 31 N.Y. Sup. Ct. 494
Judges: Hardin
Filed Date: 4/15/1881
Precedential Status: Precedential
Modified Date: 2/4/2022