In re Hollingshead

New York Supreme Court

In re Hollingshead

6 Wend. 553

CourtNew York Supreme Court

DecidedAugust 18, 1831

StatusPublished

Cited by3 cases

This text of 6 Wend. 553 (In re Hollingshead) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Hollingshead, 6 Wend. 553 (N.Y. Super. Ct. 1831).

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Opinion

By the Court,

Sutherland, J.

The application for an attachment can be made only by a creditor having a demand against the debtor, arising upon contract, or upon a judgment or decree rendered within this state, amounting to $ 1 GO, orup[554]*554wards. 2 R. S. 3, § 3. The next section of the act prescribes that the application shall be verified by affidavit, in which shall be specified the sum in which the debtor is indebted to the creditor over and above all discounts. The last requirement is similar to that contained in the old law, 1 R. L. 157, § 1; but the requirement that the nature of the indebtedness shall be shewn, is a new provision incorporated into the revised statutes. This requirement not having been complied with in this case, the attachment issued irregularly, and must be set aside.

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By the Court,

Sutherland, J.

The application for an attachment can be made only by a creditor having a demand against the debtor, arising upon contract, or upon a judgment or decree rendered within this state, amounting to $ 1 GO, orup[554]*554wards. 2 R. S. 3, § 3. The next section of the act prescribes that the application shall be verified by affidavit, in which shall be specified the sum in which the debtor is indebted to the creditor over and above all discounts. The last requirement is similar to that contained in the old law, 1 R. L. 157, § 1; but the requirement that the nature of the indebtedness shall be shewn, is a new provision incorporated into the revised statutes. This requirement not having been complied with in this case, the attachment issued irregularly, and must be set aside.

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Bluebook (online)

6 Wend. 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hollingshead-nysupct-1831.

Opinion

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