Aldrich v. Shepardson

31 N.Y. Sup. Ct. 494

Opinion

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.