Riley v. Skidmore

6 N.Y.S. 107, 2 Silv. Sup. 573, 24 N.Y. St. Rep. 724, 53 Hun 632, 1889 N.Y. Misc. LEXIS 425

Opinion

Pratt, J.

The affidavit made before the justice stated facts sufficient to call for an exercise of his judicial discretion. That gave him jurisdiction to issue the attachment. There is no evidence of any abuse of the process. The property attached was not enough to satisfy the execution. The permission accorded to the plaintiffs by the justice of the peace to file an amended undertaking nunc pro tune was within his power, and was in furtherance of justice. Judgment affirmed, with costs.